Defendant shall be punished by a fine of KRW 10 million.

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

Punishment of the crime

On August 14, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

On September 28, 2020, around 17:48, the Defendant driven D's car while under the influence of alcohol concentration of 0.052% in the 50-meter section from Eunpyeong-gu Seoul to the front of Seoul Eunpyeong-gu Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a driving driving or an inquiry report on the results of crackdown on drinking driving (verification of on-site CCTV images);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reporting (the same type of force);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] of the Criminal Procedure Act in the order of provisional payment [Article 334(1)] Even though the Defendant had a record of criminal punishment once due to driving of alcohol in the past, the Defendant is not subject to the punishment for committing the instant crime.

[The favorable circumstances] Defendant would not drive drinking again while reflecting his depth

There are many things.

At the time of the instant case, the Defendant’s blood alcohol concentration is relatively low.

The history of punishment for the same crime is about seven years, and the defendant has no record of criminal punishment except for the above-mentioned criminal record.

There are families to be supported, such as wife and her two children.

In addition, the punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the defendant's age, sex, environment, motive and background of the crime, the result of the crime, and circumstances after the crime.