Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] The Defendant is a person whose indictment was suspended at the office of the Suwon District Prosecutors' Office on October 10, 2019 due to a violation of the Road Traffic Act (driving).

Article 148-2 (1) of the Road Traffic Act provides that a person who has violated the provision on prohibition of drinking under the influence of alcohol at least twice, and is not limited to the case where the person has been sentenced or sentenced to a final judgment of conviction.

(Supreme Court Decision 2018Do11378 Decided November 15, 2018). However, the issue of equity with a person who has received a final judgment of conviction need to be considered in sentencing.

【Criminal Facts】

On February 21, 2020, at around 01:10, the Defendant driven a DNA motor vehicle with a blood alcohol content of about 0.125% from the 3km section of approximately 3 km to the road near Pyeongtaek-si in Pyeongtaek-si in the same city, Pyeongtaek-do, 381, 45, also driving a Dpool motor vehicle under the influence of alcohol with a blood alcohol content of about 0.125%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and notification of the result of drinking control;

1. Previous convictions in judgment: Investigation report (Attachment to decisions on the same kind of suspect case), application of Acts and subordinate statutes on non-prosecution decision;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the case’s drinking alcohol taking-off and the result thereof, the Defendant’s drinking records (which is a disposition of suspension of indictment which is not a final judgment) and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct and environment, shall be determined as ordered by taking into account the following factors: