Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

[criminal power] On April 20, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on October 28, 2011, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

【Criminal Facts】

On December 24, 2019, around 23:30 on December 24, 2019, the Defendant driven a vehicle from the parking lot in Daegu Northern-gu B apartment complex to the front road of entrance, with a blood alcohol concentration of about 0.034% under the influence of alcohol at approximately 50 meters.

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. Statement on the actual state of a drinking driver, investigation report (report on the status of a drinking driver), inquiry into the results of the control of drinking and driving, the register of driver's licenses, and the next inquiry;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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

1. Articles 53 and 55 (1) 3 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 on September 25, 2018, when a citizen was involved in a traffic accident due to a drunk driving, the citizen was placed in a brain-dead state, and the case which eventually led to the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

The drinking driving can lead to a serious loss of human life.