Defendant shall be punished by a fine of 11,000,000 won.

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

Punishment of the crime

On August 27, 2009, the Defendant received a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court.

On December 24, 2019, at around 00:02, the Defendant driven a Bcoon car with approximately KRW 4.4 km of blood alcohol concentration of 0.123% from the front of the restaurant located in the flag zone in Sungsung City, to the horizontal intersection located in the same city to the horizontal intersection located in about 327, the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the actual condition survey report, traffic accident report, the circumstantial statement of a drinking driver, investigation report, and the results of the regulation of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished for drunk driving as stated in its reasoning, again led to the instant crime. In light of the Defendant’s blood alcohol concentration, speech and behavior condition at the time of the instant crime, the traffic risk caused by the Defendant was not low. The fact that the Defendant caused a single traffic accident and the Defendant’s occurrence of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case, and that the defendant has no record of punishment other than the punishment once due to drinking driving is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.