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 December 17, 2008, the defendant was issued a summary order of a fine of 500,000 won for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on December 17, 2008.

On July 3, 2019, around 01:30, the Defendant driven a motor vehicle with the E Lastren in the state of alcohol 0.09% alcohol level from the front of the Michuhol-gu Incheon Metropolitan City to the front of the Michuhol-gu, Incheon.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry records, confirmation of the same record, application of a copy of summary order Acts and subordinate statutes;

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, even though the defendant had a record of criminal punishment once a drunk driving, he/she committed the instant crime, and carried out drinking alcohol on the road.

The elements of unfavorable sentencing, such as the progress of the crime, and the elements of favorable sentencing, including the fact that the defendant reflects his mistake, the fact that there is no other criminal records if the defendant is excluded from the punishment due to drunk driving in 2008, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances that are conditions of sentencing as shown in the argument of this case, were taken into account.