Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by imprisonment of Defendant B for one year.

Defendant

A The above fine shall be imposed.

Punishment of the crime

[criminal record] On August 31, 2020, Defendant B filed a summary order with the Daejeon District Court of Daejeon as a violation of the Road Traffic Act (driving of Drinking).

[Criminal facts]

1. On August 12, 2020, Defendant A driven a FSS5 vehicle at a section of about 300 meters from the front side of the building south-gu, Southern-gu, Chungcheongnam-gu, Seoul to the front side of the road located in south-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, under the influence of alcohol concentration of 0.207% among blood transfusion around 02:30 on August 12, 2020

2. On August 12, 2020, Defendant B, while under the influence of alcohol 02:30% in blood, violated the provision prohibiting driving of a two-wheeled vehicle at approximately 300 meters G WW125 meters from the front side of the building south-gu, Southern-gu, Chungcheongnam-gu, Seoul to the front side of the building south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Yancheon-si, and thus violated the provision prohibiting driving of a two-wheeled vehicle at least twice.

Summary of Evidence

1. Defendants’ respective legal statements

1. Report on the circumstances of a driver taking a driving (A) and notification of the results of regulating drinking driving (A);

1. Report on the circumstances of the driver involved in driving (B) and report on the results of regulating drinking driving (B);

1. On-site photographs, a survey report on actual conditions, and a report on the occurrence of a traffic accident;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and a report on the result of confirmation of the previous convictions before and after the disposition (attached to indictments);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 148-2(3)1 and 44(1) of the Road Traffic Act; the choice of fines

B. Defendant B: Articles 148-2(1) and 44(1) of the Road Traffic Act; Articles 148-2(1) and 44(1)

2. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

3. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

4. Defendant B: Article 62 (1) of the Criminal Act.

5. Defendant B: Defendant A with reasons for sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection.

(a) The scope of punishment by law: A fine of not less than five million won but not more than ten million won;

B. Non-application of the sentencing criteria: The sentencing criteria are not prepared for offenses of violating the Road Traffic Act in the judgment.

(c)

The accused shall be sentenced to a sentence.