1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Punishment of the crime

[criminal power] On February 16, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on April 18, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 years for six months in imprisonment with prison labor for the same crime in the same court, and on August 7, 2013, to a suspended sentence of two years in imprisonment with prison labor for the same crime.

【Criminal Facts】

On August 4, 2015, at around 22:16, the Defendant driven a Maz car at the Seo-gu Incheon apartment underground parking lot with approximately 3 meters of alcohol level 0.215%, while under the influence of alcohol level around August 4, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and investigation report (verification of black stay images);

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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 provisional payment order is that there is a history of punishment twice including a suspended sentence over two occasions due to drinking driving, and that the blood alcohol concentration is very high is disadvantageous.

However, the defendant is selected by a fine in consideration of the favorable circumstances, such as the fact that the defendant walked the starting of the vehicle parked in the underground parking lot and listened to music, and that he was moving around about 3 meters of the vehicle, and that there is no intention to get out of the underground parking lot to get out of the underground parking lot.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.