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

On November 19, 2019, at around 23:25, the Defendant driven a D-car from approximately 500 meters away from the front side of Gwangju Northern-gu to the front side of Gwangju Northern-gu, with a blood alcohol concentration of 0.238%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished for a drunk driving in 2004, and the drinking water in this case is very high, so the possibility of criticism and social risks are high.

However, a fine shall be imposed on the defendant in consideration of the following: (a) the defendant's previous record of drinking alcohol driving and the date of the crime in this case has a large interval of time between the defendant's previous record of driving and the date of the crime in this case (the defendant is not in violation of Article 44 (1) of the Road Traffic Act not less than twice); (b) the drinking water in this case

The amount of the fine shall be determined as the order within the scope of the punishment after the discretionary mitigation is made in consideration of the above sentencing factors favorable to the defendant.