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

On November 16, 2019, the Defendant, while under the influence of alcohol with 0.201% of blood alcohol concentration on November 14:33, 2019, driven the Egallon II B B-line cargo vehicles from approximately 2km to the front roads of “D” located from Jeonnam-gun, Young-gun through C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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 was that the defendant caused an accident in the course of driving under the influence of alcohol in this case, and thus, the defendant was punished once for driving under the influence of alcohol in 2004 even though he did not have committed a violation of Article 44(1) of the Road Traffic Act.

However, the amount of fine as stated in the disposition shall be determined within the scope of the punishment, considering the Defendant’s age, environment, and family relationship, which are considered in light of the fact that the drinking water of this case exceeds 0.2% significantly, and the interval between the previous conviction of this case and the date of the crime of this case has a big interval of time.