Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

On February 19, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Ulsan District Court.

Nevertheless, at around 22:00 on June 12, 2020, the Defendant driven a motor vehicle from the front of a cafeteria located in Ulsan-gun B to the front road of the D secondary school located in Ulsan-gun, Ulsan-gun, with a blood alcohol concentration of about 1km to 0.068% under the influence of alcohol level.

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

Summary of Evidence

1. Report on the result of the defendant's legal statement, influence of drinking driving and circumstantial statement of the driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 [the scope of applicable sentences under the law] The sentencing guidelines is not set [the sentencing guidelines]. [Pronouncement] The sentence is determined as per the order by comprehensively taking into account all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, the circumstances after the crime, etc., together with the sentencing guidelines for the defendant as set forth below 6 million won.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished once a drunk driving, but he/she is more favorable to the driving of the instant case: The defendant is against whom he/she is driving, and there is no past record of suspension of execution or more.