Defendant shall be punished by a fine of KRW 15,000,000.

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

Punishment of the crime

On December 19, 2016, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Incheon District Court on December 19, 2016. On May 3, 2018, the Defendant was sentenced to a fine of KRW 4 million for the same crime, etc. on May 3, 2018. On November 29, 2018, the Defendant was sentenced to imprisonment with labor for one year and two years of suspension of execution with labor for the same crime at the Incheon District Court on December 29, 2018. The judgment became final and conclusive on December 7, 2018.

On December 20, 2019, around 05:08, the Defendant driven D K5 cars while under the influence of alcohol 0.062% in the section of approximately 400 meters of alcohol level from the Do in front of Seocheon-si B to the front of C in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary orders, and application of two copies of judgment-based Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 of the provisional payment order has a record of being punished for drunk driving several times, and driving under the influence of alcohol again during the suspension period.

However, the punishment shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the following facts: (a) the exposure to the crackdown while driving after drinking the preceding day and making rest; (b) the volume of blood alcohol concentration is not high; and (c) the family relation, age, character and conduct, environment, circumstances of the crime; and (d) the circumstances after the crime.