Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On April 28, 2016, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

At around 03:40 on October 2, 2019, the Defendant driven C’s camping-free car at approximately 3 meters in a drunken state with blood alcohol content of 0.070% in front of Gangseo-gu Seoul Metropolitan Government.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (attached to summary orders related to the same kind of suspect power);

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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order does not require any emphasis, but considering the risk of the accident caused by the drinking driving and the possibility of the occurrence of the high damage caused thereby, the social necessity for the driving of drinking alcohol is very high.

In addition, the statutory penalty for the instant crime is stipulated as “a fine of not less than two years but not more than five years, but not less than ten million won and not more than twenty million won,” reflecting such legislative intent.

The defendant has already been punished for drunk driving, but there is a high possibility of criticism in that the risk of drunk driving is realized by shocking the rear of the parked truck in the process.

However, the defendant's recognition of and reflects on the crime, and the proposal to move the vehicle to a parking space that is not a substitute driver seems to have reached the crime, the driving distance is relatively short, the degree of physical damage is minor, and other punishment as ordered shall be determined in consideration of the defendant's age, character, character, environment, economic ability, etc.