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

On September 25, 2008, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

On September 15, 2020, at around 23:18, the Defendant driven a F rocketing car under the influence of alcohol concentration of about 0.098% from the 1km section to the front road located in the same Gu, from the roads adjacent to the Csung Party B in Suwon-si, Suwon-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of records of drinking alcohol measurement, results of the regulation of drinking driving, circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Records of judgment: Application of one copy of criminal records, reply note, and summary order;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) which select the punishment for a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the defendant, who has a record of driving a drinking alcohol, drives a motor vehicle again, and the nature of the crime is not that of the latter.

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the period of drinking driving of the defendant has passed 12 years since the date of the crime in this case; and (c) the defendant has no other criminal records other than two times of fine; and (d) the defendant has the criminal records.