Defendant shall be punished by a fine of KRW 15 million.

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

Punishment of the crime

On January 7, 2008, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on August 30, 2013 to a fine for the same crime.

On December 4, 2019, at around 23:05, the Defendant driven a motor vehicle of soflurged E in the state of alcohol concentration of about 0.04% in the 1km section from the roads adjacent to C in Changwon-si, Yongsan-si, Seoul to the roads adjacent to D apartment.

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. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Previous records of judgment: Criminal history records, investigation reports, summary orders, and the application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Where he/she is sentenced to punishment by prosecution: Three years.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine on three occasions (205, 2008, and 2013) due to drunk driving, and was engaged in a drunk driving.

In 2001, it has been punished for driving without a license.

The possibility of criticism is greater than that of the instant crime during the period of suspension of execution for other crimes.

However, in the blood alcohol concentration of 0.044%, the main state is not relatively more serious.

The drinking driving did not cause a traffic accident while driving.

The spouse has been driving in the mind that he wanted to return home as soon as possible after being saluted by his spouse.

No sentence shall be imposed on the accused.

The age, character and conduct, environment, motive, means, results and means of the crime of the accused.