Defendant shall be punished by a fine of 12 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On October 18, 2010, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court. On September 1, 2011, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

On November 24, 2019, at around 19:30, the Defendant driven a DNA Ⅱ truck with a blood alcohol content of about 3km from the front road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the budget-based, to the Hadan-si, the Hadan-gun, the 3km of approximately 0.126%, while under influence of alcohol.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions in judgment: Criminal records, investigation reports and application of Acts and subordinate statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

However, there are records of criminal punishment of fines twice due to drinking driving in the past, but it is difficult to readily conclude that there was a high risk of recidivism at the present time in the case discovered ten years prior to drinking driving in the past. The reason why the instant crime was committed, the degree of drinking, the recovery and frequency of punishment due to drinking driving, the age and character of the Defendant, etc.