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 November 28, 2012, the Defendant was issued a summary order of KRW 3.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

At around 02:20 on December 7, 2019, the Defendant driven a C low-speed car from the Jeonnam District Parking Lot to the front road of the 5 km road located in Gwangju Mine-gu, while under the influence of alcohol of 0.122% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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, even though the defendant was punished for driving under drinking, the defendant again driven under drinking, the drinking level of drinking water in this case is high, and the risk of causing the water accident in the course of driving was emphasized.

However, a fine shall be imposed in consideration of the following: (a) the criminal record of the above drunk driving and the date of the instant crime; (b) the criminal defendant has no record of punishment other than the criminal punishment for the above drunk driving; and (c) the criminal defendant is receiving medical treatment and counseling while taking account of his/her intention.

The amount of the fine shall be set at the lower limit of the punishment that did not reduce the amount in consideration of the above factors of sentencing.