Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

The Defendant, around 07:40 on October 01, 201, driven B vehicle approximately 12 km in the state of blood alcohol concentration of at least 0.158% in front of the Sejong apartment at Seosan-si from around 565, Seosan-si to 07:40 on March 01, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act provides that a fine of not less than 3 million won but not more than 5 million won shall be imposed if a person who had the same criminal record two times for sentencing, and whose blood alcohol content is not less than 0.1% but less than 0.2%, is to be imposed if the defendant selects a fine. Considering that the Defendant’s blood alcohol content was 0.158%, it cannot be said that a fine of not less than 4 million won is excessive.