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

On January 15, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

At around 22:10 on April 2, 2020, the Defendant driven a Fworkren car from the restaurant parking lot in Seo-gu, Gwangju to approximately 3km from the 3km to the e-road in North-Gu, while under the influence of alcohol 0.134% 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. A traffic accident report;

1. Notification of the control of drinking driving;

1. To check the results of the drinking driving control (Evidence No. 12);

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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 provisional payment order is that the defendant was punished as a drunk driving, and the drinking alcohol level in the instant case was high, and the instant accident occurred during the driving of the instant case, and thus, the possibility of criticism and social risks are high.

However, in consideration of the fact that there is a big interval between the previous conviction and the date of the instant crime, there is no history of punishment other than the previous conviction of the above drunk driving, and that the defendant repents the mistake of the defendant, a fine shall be imposed on the defendant.

The amount of the fine shall be determined as the order within the scope of the punishment after the discretionary mitigation is made in consideration of the above sentencing factors favorable to the defendant.