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

On March 27, 2019, around 05:35, the Defendant driven an EM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.129% at the section of approximately 15km up to the front road of the Geum-gu Seoul Metropolitan City “D” located in Geum-gu, Busan Metropolitan City B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

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

1. The scope of punishment by law: Fines of not less than three million won but not more than five million won;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The Defendant, who was sentenced to a sentence, once again drives under the influence of alcohol only a month in which he was under the influence of alcohol and the nature of the offense is very poor.

However, considering the facts that the defendant led to the crime of this case, the blood alcohol concentration and values of the defendant, the age, character and conduct, intelligence and environment of the defendant, motive, means and result of the crime of this case, all of the sentencing conditions shown in the arguments of this case, such as the circumstances before and after the crime, etc., the punishment as ordered shall be determined.