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 March 7, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the District Court of Jung-gu.

On November 3, 2019, around 10:11, the Defendant driven B SP car under the influence of alcohol content of about 0.046% in the 1km section from the front of a mutually influorous restaurant located in the Gu-dong Do-si, the Government-si to the 100 Do-ro Do-ro.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (verification of the same type of crime records) and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The defendant, prior to the sentencing of Article 334(1) of the Criminal Procedure Act, has been punished for the violation of the Road Traffic Act.

Nevertheless, the Defendant committed the instant crime under the influence of alcohol content 0.046% by blood alcohol concentration in the second blood.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.