Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

On May 18, 2015, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

At around 01:30 on April 10, 2020, the Defendant driven the E-benz car at approximately 1km from the upper end of the franite to D in the same Gu from the flusium to the front end of the flusium not more than 0.086% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of Acts and subordinate statutes to criminal records, references to criminal records, previous records of disposition, and reports on results of confirmation (including attached summary orders);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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 the defendant, even though he was punished as a drunk driving, has a high possibility of criticism and social risks.

However, considering the fact that the drinking water of this case cannot be deemed high compared to other cases, the defendant's previous conviction and the date of the crime of this case are somewhat at intervals between the defendant's previous conviction and the date of the crime of this case, and the defendant has no other traffic-related criminal records and imprisonment or more severe punishment, the defendant shall be punished by a fine.

The amount of the fine shall be determined as per the order within the scope of the sentencing, after reducing the amount in consideration of the above sentencing factors favorable to the defendant.