Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On March 9, 2011, the Defendant received a summary order of KRW 700,000 from the Seoul Western District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) and on March 30, 2012 as a crime of violation of the Road Traffic Act (driving).

1. Around 07:45 on July 20, 2013, the Defendant driven a vehicle of mati cargo at approximately five meters while under the influence of alcohol 0.174% of alcohol on the front of the “Jayang-gu Sungyang-dong, Sungyang-gu, Sungyang-dong, 500-15” on the road.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant illegally used the foregoing cargo vehicle in a manner of driving approximately 5 meters without the victim’s consent after finding a Mati Cargo Vehicle parked in a state where the victim C was set a fright-dong at the above date, time, and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written report from an employee of an employer;

1. A report on the actual status of a host driver;

1. On-site photographs;

1. Previous records before ruling: Application of Acts and subordinate statutes to the defendant's legal statement, criminal records, inquiry reports, investigation reports (former records and confirmation reports);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of fines not less than three times), and Article 331-2 of the Criminal Act (the point of illegal use of automobiles and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 provisional payment order is not that of the defendant's repeated driving of drinking. However, there is no criminal history that has been sentenced to more severe punishment than the previous fine, the distance of driving a vehicle while drinking is relatively short, and the vehicle of a victim is driven by a contingency while drinking.