1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, only one hundred thousand won.

Punishment of the crime

[Criminal Power] On January 26, 2007, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 23, 2019, at around 00:53, the Defendant driven a DNS car on the road between the influent land B and C, and around 3.2 kilometers from the influent land to C, while under the influence of alcohol by 0.19%.

Accordingly, the defendant was driving a car in violation of the prohibition of drinking driving regulations not less than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on the situation of running a driving under the influence of alcohol, report on the control of driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, confirmation of criminal records of a suspect, and copies of summary order Acts and subordinate statutes shall apply;

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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense that may cause serious damage to the life, body, and property of another person, and thus the corresponding punishment is needed.

In addition, even though the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) around 2007, since he committed the same crime at once, it cannot be deemed that he is less liable.

However, the sentencing conditions such as the character and conduct, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration level, the distance of drunk driving, the distance of time between the crime of this case and the distance between the crime of drinking alcohol driving and the crime of this case, which can be known through pleadings and arguments, shall be comprehensively taken into account.

It is so decided as per Disposition for the above reasons.