Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Criminal power is a person who has been issued a summary order of KRW 1 million by the Daegu District Court on July 21, 2008 by a fine of KRW 1 million for a violation of the Road Traffic Act and a fine of KRW 1 million by the same court on January 16, 2017.

Criminal facts

On January 19, 2020, at around 10:23, the Defendant driven a motor vehicle under the influence of alcohol with a blood ice concentration of about 0.046% from the front of the Bjuk store near the Dong-gu Newcheon-dong, Daegu to the front of the D restaurant located in the same water zone C from about 10km to the front of the D restaurant located in the same water zone C.

Accordingly, the defendant, who was punished for a drunk driving, was driving a motor vehicle again while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver concerned, investigation report (report on the status of the driver concerned), driver’s license register of automobiles, and making an inquiry into the passenger;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a summary order of the same attached military record-a summary order);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. Sentencing does not apply to the sentencing criteria. 2. The reason for sentencing was that a citizen who suffered a traffic accident caused by drinking driving on September 25, 2018 was missing from brain death and that a case which eventually lost his/her life occurred.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

The driving in a drinking condition is above the act of driving.