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 history] On October 21, 2013, the Defendant was issued a summary order of KRW 1,00,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on June 22, 2016, by the Incheon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act (drinking driving), respectively.

[2] Although Defendant 1 had been in violation of the prohibition of driving under the influence of alcohol twice, Defendant 2 driven BM6 automobiles under the influence of alcohol at approximately 100 meters in the section of approximately 100 meters in alcohol, from the section of approximately 0.071% of alcohol concentration in the blood alcohol level, around October 2, 2018, at around 00:05, in the direction of the 7-ro-gu Incheon Bupyeong-gu Sports Center located in the 27-ro of Bupyeong-gu, Incheon, Busan, to the apartment site near the 585-6-ro, the same way.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions indicated in the judgment: Application of second-class Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order attached to the same type of power), and a summary order of No. 49179, which include a summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 with respect to the order of provisional payment is that the defendant, even though he had been punished twice due to drinking as stated in the judgment, he again led to the crime of this case and the social harm of drinking driving, etc. should be strictly punished, but the defendant disposed of the vehicle against the mistake.

A fine shall be imposed in consideration of the fact that a statement is made, the alcohol concentration is not relatively high among the bloods measured at the time of the detection of alcohol, and the fact that there is no other punishment history.