Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 7, 2013, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch on November 7, 2013.

Although the Defendant had been punished for a violation of the Road Traffic Act as above, at around 00:15 on December 27, 2019, the Defendant driven a G rocketing car with a blood alcohol content of about 0.069% in the direction of approximately 1km from C adjacent to C located in the Yongsan-si, Changwon-si to E (F) located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine once due to drinking driving in 2013, and was engaged in drinking at the same time.

However, blood alcohol concentration is not relatively high by 0.069%.

The drinking driving did not cause a traffic accident while driving.

There is no other penalty power than the above previous offense.

In addition, all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by taking into account the sentence imposed by the prosecution (fine 12 million won).