Defendant shall be punished by a fine of 6 million won.

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

Punishment of the crime

On September 23, 2015, the Defendant was issued a summary order of a fine of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act.

On August 31, 2019, at around 01:00, the Defendant driven a e-learning car under the influence of alcohol concentration of approximately 0.067% from a 500-meter section of blood alcohol to D’s front road from the main place of the week near C in Yangsan-si, Yangsan-si.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

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 53 and 55 (1) 6 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 provisional payment order is not less than 4 years since the defendant committed the crime of driving under the influence of alcohol, and the quality of the crime is not less weak, and the possibility of criticism is also reasonable in light of the social harm and danger of drinking driving.

However, the distance of this case's driving is not long, and the blood alcohol concentration level is relatively high, and there are circumstances such as the defendant's wrong recognition of his criminal act, the circumstance and motive of this case's driving, the defendant has no criminal history exceeding a fine, and there is no risk of traffic accidents, etc. due to this case's driving, the punishment shall be determined as ordered in consideration of all the circumstances shown in the arguments of this case such as the defendant's age, character and behavior, and circumstances after the crime.