Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

On November 13, 2009, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seoul Central District Court on November 13, 2009, and on March 22, 2013, the above court was sentenced to a suspended sentence of two years for six months for the same crime, and on May 31, 2018 for the same crime, the above court was sentenced to a suspended sentence of two years for one year for imprisonment for the same crime.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on April 20, 2019, at around 0.17:37, the Defendant driven C rocketing car at approximately five meters from the street in front of the Sungnam-gu, Sungnam-gu, Seoul, to the adjacent resident priority parking zone without a driver’s license, while under the influence of alcohol level of 0.170%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Although the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, had been punished seven times by the suspension of the execution of each imprisonment with prison labor in around 2005, around 2013 and around 2018 due to drunk driving, etc., the Defendant driven a motor vehicle under the influence of only 0.170% of blood alcohol concentration without a driver’s license again during the suspension period of the execution of the said imprisonment with prison labor.

This is considered as a major situation, but the defendant shows an attitude of recognizing and opposing the defendant's wrong, and the defendant is driving the defendant's vehicle parked on the street to the extent of 5 meters.