A 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

[Criminal Power] On April 20, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On January 23, 2020, at around 08:35, the Defendant driven a D car while under the influence of alcohol with approximately 0.064% alcohol level from the 1km section from the front of the Hanjin-gun Belel to C road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to summary orders of the same kind of case);

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 to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the crime where not only the person himself but also another person's life can be taken, and the criminal defendant is not guilty, and there is no other criminal records other than the criminal records of a fine due to drunk driving in 2012, and there is no other criminal records other than the criminal records of a fine due to the above last punishment, and if the judgment of probation becomes final and conclusive, it seems that the defendant will lose his position in accordance with the personnel management regulations of the defendant's work place. This seems to be too harsh to the defendant. The driving of the case is deemed to fall under the so-called night driving to be driven by the defendant after drinking alcohol in the preceding night. The circumstance seems to be somewhat different from that of the case, the balance between the punishment and the same crime, the defendant's age, character and behavior, health conditions, the motive and consequence of the crime, etc., shall be determined in consideration of all the elements of the sentencing as stated in the order of this case.