Defendant shall be punished by a fine of four million won.

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

Punishment of the crime

On May 28, 2008, the Defendant issued a summary order of KRW 500,000 to a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on May 28, 2008, and a summary order of KRW 2 million to a fine at the Jung-gu District Court on August 16, 2013 for the same crime.

On April 15, 2016, at around 00:17, the Defendant driven CSP car volume at approximately 0.131% of blood alcohol content in the section of about 5km from the front side of the Seongdong-gu Seoul Metropolitan Government in front of the 14-lane 14-gil, to the Gangnam-gu, Yongsan-gu 118, Yongsan-gu, Seoul.

As a result, the defendant was punished for drinking twice or more, and was driving under drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Investigation report (Calculation of drinking water according to the defendant's assertion);

1. Records of judgment: References to criminal records and application of each summary order statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 3 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant has already been punished twice due to drunk driving, and even though he had a record of being punished twice due to a drunk driving, he/she is driving at once, and the fact that the amount of drinking alcohol in this case is relatively high, it is necessary to punish the corresponding person.

However, the fact that the defendant's mistake is recognized, there is no other means of criminal punishment except the above fines, the fact that the drinking alcohol level at the time of the criminal punishment in the past can be evaluated to be relatively low (0.099% in 2008, 0.079% in 2013), the mother of disability-4 level is supported by the mother of disability, and the economic situation is very difficult due to individual rehabilitation, and the decision of suspension of execution or higher is given.