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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On February 4, 2013, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Daegu District Court on February 4, 2013, and the said judgment became final and conclusive on February 22, 2013. On November 27, 2007, the said court issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act, and on August 24, 2010, issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act.

On January 28, 2013, at around 21:30, the Defendant driven a 200-meter-purd passenger vehicle with approximately 00 meters of alcohol concentration of 0.156% while under the influence of alcohol on the 101-dong 3rd apartment 101, Dong-dong, Tae-dong, Tae-si, Gyeong-si.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Previous records: Criminal history records, investigation reports (a copy of summary order, Daegu District Court Decision 2012 High Court Decision 2012 High Court Decision 7685 High Court Decision, Attachment of Copies of Integrated Case Inquiry), application of statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 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 is that the defendant, despite having the record of being punished for driving under drinking, has committed the crime in this case again. However, in light of the fact that there is no criminal record of suspended execution or more for the same criminal record, and that the defendant is going against and does not reach recidivism, the punishment as ordered shall be determined by taking into account all the normal materials revealed in the trial process.