Defendant shall be punished by a fine of KRW 10 million.

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

Punishment of the crime

On March 8, 2019, the Defendant was issued a summary order of a fine of one million won by the Seoul Western District Court due to a violation of the Road Traffic Act (LA) and driving B automobiles.

At around 02:30 on July 25, 2020, the Defendant started from the vicinity of the pressure-dong in Gangnam-gu Seoul, and driven the said vehicle while under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.146% at the front of Gangnam-gu C.

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

Summary of Evidence

1. Criminal records before the defendant's legal statement, notice of the result of the drinking driving control, record-keeping driver's circumstantial report: Application of criminal records etc., investigation report (criminal records and attachment of summary order), Seoul Western District Court Decision 2018 High Court Decision 9225 shall apply;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the Defendant had been punished for driving under drinking around 2019, and even if he had the record of being punished for driving under drinking around 2019, the Defendant was driving under drinking at this case, and the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.

However, considering the fact that the defendant's mistake is recognized and the occurrence of a traffic accident is not led to the driving under the influence of alcohol in this case, and other various circumstances, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, the punishment as ordered shall be determined.