1. The defendant shall be punished by a fine of 2,500,000 won;

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

Punishment of the crime

On November 22, 2014, at around 21:45, the Defendant driven B rocketing car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.074% (equipment measurement) from the front day of the Hemar restaurant in the Chuncheon-si, Chuncheon-si to the front day of the Almar Maptonel in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse is that this court has the power of having been sentenced by this court to a fine of one million won on March 9, 2005 and April 11, 2005 as a crime of violating the Road Traffic Act.

However, according to Article 148-2 (1) 1 of the Road Traffic Act, a person who violates Article 44 (1) (Prohibition of Driving under the influence of alcohol) twice or more and drives a motor vehicle under the influence of alcohol in violation of Article 148-2 (1) again shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine not less than 5 million won but not more than 10 million won. Even if mitigation is made, he/she shall be punished by imprisonment with prison labor for not less than six months but not more than one year and not more than six months or by a fine not less than five million won.

Therefore, even if the defendant was prosecuted for the application of the provisions of Articles 148-2(2)3 and 44(1) of the Road Traffic Act, it is reasonable to impose a fine not less than 2.5 million won in balance when he was prosecuted for the application of Articles 148-2(1)1 and 44(1) of the Road Traffic Act.

Therefore, the punishment is determined as ordered.