Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On July 21, 2009, the Defendant driven a motor vehicle under the influence of alcohol level of 0.054% during blood, and received a summary order of KRW 500,000 from the Jung-gu District Court on August 19, 2009 as a crime of violating the Road Traffic Act (drinking).

On December 15, 2020, at around 15:00, the Defendant driven a Cschton passenger car under the influence of alcohol concentration of 0.035% in blood at approximately 250 meters in front of the office of the Defendant, located in Chungcheongnam-dong B, Chungcheongnam-do.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, a statement made under the circumstances of driving of drinking, and an investigation report (a report on the situation of the driver under driving);

1. Records of the judgment: Application of inquiry letter, investigation report (the confirmation of criminal records of the same kind) and other relevant Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is one of the important factors that increase the frequency of accidents and threaten the life, body, etc. of the drinking driver and others as well as the drinking driver by increasing the frequency of accidents, and thus, the social damage caused by the drinking is increased, and therefore, it is necessary to impose strict liability on the drinking driver.

Although the Defendant, including the above, had been punished by a fine for violating the Road Traffic Act twice, the Defendant was under the influence of driving under the influence of drinking while driving the instant crime, and taking into account the increased risk of traffic accidents, the Defendant’s liability is not weak.

However, the defendant shows his attitude to recognize and reflect the crime of this case.

At the time of the instant crime, the Defendant’s blood alcohol concentration was lower.