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

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

Punishment of the crime

[criminal history] The Defendant was issued a summary order of a fine of KRW 2 million at the Ulsan District Court on May 15, 2009 for a violation of road traffic law (dacting driving), and on October 26, 2009 by the same court as the same crime.

[2] On September 28, 2020, the Defendant driven a DNA-type motor vehicle while under the influence of alcohol concentration of about 0.098% from a 50-meter radius to the front road of the underground parking lot for B apartment in Ulsan-gun, Ulsan-gun, Ulsan-gun, for about 22:10 on September 28, 2020

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order related to the past record of the same type of crime), and summary order under the statutes of Part II;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances revealed in the pleadings of the instant case; and (b) the sentence is determined as ordered in light of the following circumstances.

D. Unfavorable circumstances: although the defendant had been punished twice or more due to drinking driving in 2009, the defendant takes the driving of the drinking in this case, and again, the blood alcohol concentration level is high in the crime. Considering the social harm and danger of drinking driving, the crime's nature is heavy, and the possibility of criticism is considerable: The defendant recognized his/her criminal act, and the distance of driving the drinking is not long, and the alcohol concentration level is not high.