1. The defendant shall be punished by a fine not exceeding 8.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

[criminal power] On March 18, 2010, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act at the Incheon District Court. On August 17, 2011, the Defendant issued a summary order of KRW 3 million for the same crime, etc. at the same court.

【Criminal Facts】

On December 4, 2019, the Defendant, while under the influence of alcohol of 0.091% of blood alcohol level, driven a DNA rocketing car on the road of approximately 8 kilometers from Incheon B apartment to Seocheon-si C, from around 0.091.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, confirmation of criminal records, and copies of summary order Acts and subordinate statutes shall apply;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an offense that may cause serious damage to the life, body, and property of another person, and thus the corresponding punishment is needed.

However, the sentencing conditions, such as character and behavior, age, motive and background of the defendant, circumstances after the crime, time interval with the previous crime of drunk driving, distance of drunk driving, and blood alcohol concentration, which can be known through pleadings, have been comprehensively taken into account.

It is so decided as per Disposition for the above reasons.