A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Punishment of the crime

[criminal power] On August 1, 2014, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Daegu District Court. On February 18, 2020, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the crime of indecent act by force at the Daegu District Court on February 18, 2020, and the said judgment became final and conclusive on February 26, 2020, and is currently under the suspended sentence.

【Criminal Facts】

On May 7, 2020, at around 06:10, the Defendant driven a franchise-free vehicle under the influence of alcohol by 0.134% in a section of approximately 6km from the front side of the mutually unclaimed restaurant in the Daegu Suwon-gu, Daegu to the front side of the “C” located in the Daegu Suwon-gu B.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of power, the judgment of suspension of execution, etc.), application of Acts and subordinate statutes, such as summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished for a drunk driving in 2014, and the fact that the defendant was under suspension of execution and again committed the crime of driving under the influence of alcohol without being aware of the fact that the nature of the crime is considerably heavy, the possibility of criticism is very high, the distance of drunk driving is not short, and the blood alcohol concentration is considerably high, etc. are disadvantageous to the defendant.

However, the fact that the defendant recognizes his crime and reflects the wrongness in depth, and that the danger of general traffic, such as traffic accidents, has not actually occurred due to driving under the influence of alcohol, etc., are favorable to the defendant.

The above defendant is related to the above defendant.