Defendant shall be punished by a fine of KRW 13,000,000.

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

Punishment of the crime

On May 1, 2019, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Suwon District Court.

Nevertheless, at around 22:56 September 16, 2020, the Defendant driven a car owned by EF benzlls400 while under the influence of alcohol concentration of approximately 0.128% from around 100 meters in the vicinity of the “C” road located in Suwon-si, Suwon-si, Suwon-si B to the front of the same Gu D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, set, the statement of the circumstances of a drinking driver, and the report on the circumstances of a drinking driving;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), 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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, has been punished by a fine due to drunk driving in the past year, and the blood alcohol concentration level at the time of the instant case was also very high. Considering the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.