Defendant shall be punished by a fine of five million won.

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

Punishment of the crime

On August 11, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Busan District Court.

On December 7, 2019, at around 02:10, the Defendant driven a E-motor vehicle under the influence of alcohol with approximately 0.062% alcohol concentration at the 1km section from the front of the mutually unstable main point in Yangsan-si B to the front of the D Hospital located in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Inquiry reports on criminal records, etc., pre-dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

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 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 crime of this case committed by the defendant in light of the social harm and danger of drinking driving on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order and the possibility of criticism is also reasonable.

However, the blood alcohol concentration level is relatively high, and the crime was committed after the lapse of 10 years from the time of the crime of driving under the influence of alcohol, and the defendant's perception of his own crime and reflects the defendant's mistake in depth. In addition, the defendant's age, character and conduct, motive and circumstance of the crime, and circumstances revealed in the arguments of this case shall be determined as ordered in consideration of all the circumstances indicated in the arguments of this case, including the following circumstances.