Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 1 million at the Gwangju District Court on January 15, 2010 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

around 22:00 on October 11, 2020, the Defendant driven an EK5 car from the front of the “C” restaurant in Seo-gu, Seo-gu, Gwangju to approximately 100 meters from the roads of the D apartment in Gwangju to the front of the D apartment in the Seo-gu, Gwangju.

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. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) which prescribes the applicable provisions for criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On July 17, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for violating the National Sports Promotion Act (such as gambling, etc.) at the branch court of the Busan District Court on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and on February 2, 2019, was under repeated crime after the execution of the sentence was completed, even though he was under the period of repeated crime, and was subject to punishment for drinking driving.

However, considering the fact that the Defendant’s previous convictions are one time and the interval between the date of the instant crime is high, that the amount of drinking alcohol in this case was not higher than that of other cases, and that the Defendant was voluntarily consulted and educated with alcohol addiction, it is deemed that the Defendant’s choice of imprisonment and sentence of imprisonment is harsh, and thus, the Defendant is punished by a fine.

The amount of the fine shall be set at the lower limit of the punishment that did not reduce the amount in consideration of the above factors of sentencing.