Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

[criminal power] On December 5, 2006, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on December 5, 2006, and the summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Incheon District Court on May 6, 2009.

【Criminal Facts】

At around 11:50 on May 1, 2020, the Defendant driven the said car while under the influence of alcohol with approximately 3 meters alcohol concentration of about 0.265%, upon request of a neighbor to move his/her CM5 vehicle parked from a neighbor, on the road in front of Michuhol-gu Incheon Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, confirmation of the same kind of power, and application of Acts and subordinate statutes of a summary order;

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

1. Article 53 of the Criminal Act for discretionary mitigation;

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 of the order of provisional payment is that the defendant re-driving a motor vehicle even though he/she could have a record of being punished for drunk driving, and that the blood alcohol concentration measured is very high.

However, it shall be considered as favorable factors such as the fact that the record of the same crime was 11 years prior to the 11 year period, the distance of the driving is shorter and there are circumstances to consider the short and short distance of the driving, and the fact that the driving is not driven again, and other factors of sentencing under Article 51 of the Criminal Act, which are shown in the records of this case, such as the age, character and conduct of the accused