Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

On February 17, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on February 17, 2015.

On August 1, 2019, at around 14:44, the Defendant driven a Epoter II truck with approximately 30 meters alcohol level 0.176% under the influence of alcohol level 0.176% in the D Village Center located in C from the Defendant’s residence in Net City B to D Village Center located in C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes of one copy of inquiry report, investigation report, and output of a summary order for drinking driving, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 is recognized by the defendant, and the driving distance is relatively short.

However, the defendant's blood alcohol concentration level is considerably high to 0.176%, and there is a good sentencing factor that re-offending a crime despite the past record of punishment twice as a crime of drunk driving in the past.

In addition, the punishment against the defendant shall be determined in consideration of the fact that the social harm caused by drinking driving is very serious and there is a great need to punish it, the criminal records of the defendant, the circumstances leading to the detection of the crime in this case, the equity in sentencing in similar cases, etc.