Defendant shall be punished by a fine of KRW 15,000,000.

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

Punishment of the crime

On February 9, 2017, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

At around 07:40 on February 29, 2020, the Defendant driven the E-5 vehicle while under the influence of alcohol of about 0.10% in the section of approximately 3.7km from the front road in Seocho-gu Seoul to the front road in Gangnam-gu Seoul.

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

Summary of Evidence

1. Report on the legal statement of the defendant, the full-time driver, the investigation report (report on the status of the drinking driver), and notification of the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection 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 provisional payment order was that the Defendant had been punished for drunk driving, but again committed the instant crime of drinking driving.

Considering the fact that a person drives a motor vehicle again within a relatively short period along with his/her blood alcohol concentration, odometer, and danger caused by drunk driving, the punishment as ordered shall be determined by taking into account the circumstances of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime.