Defendant shall be punished by a fine of 6 million won.

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

Punishment of the crime

On February 9, 2015, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

Nevertheless, at around 20:25 on December 10, 2019, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.04% from the 200-meter section from the front of the Gyeonggi-si to the front of the Gyeonggi-si road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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 53 and 55 (1) 6 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.

However, at the time of crime, the blood alcohol concentration of the defendant was relatively low, and the distance of drinking driving is also short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.