Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On December 3, 2007, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court due to a violation of the Road Traffic Act.

On December 6, 2019, the Defendant driven F Cargo Vehicles while under the influence of alcohol of about 0.033% in the section of about 3 km from the front of C, which is located in Yangyang-gun B, to the front of the Eve shop located in D, with the blood alcohol concentration of about 0.03%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Criminal history records, investigation reports, copies of summary orders, and application of one copy of the relevant Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Gu-type public prosecutor: Fines of 10 million won.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once due to drinking driving in 2007, and was engaged in drinking at the same time.

However, it is so-called "nurging" that he/she has driven after drinking alcohol and diving.

The blood alcohol concentration is 0.033%, which is merely a level exceeding the control amount.

The drinking driving did not cause a traffic accident while driving.

There is no criminal offense beyond a fine against the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the pleadings, the amount of fine (10 million won) determined by the summary order is somewhat minor, and the sentence shall be mitigated and determined as per the order.