Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

On December 19, 2008, the defendant was issued a summary order of KRW 2 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On September 20, 2020, the Defendant driven an E 5 car from the front side of the Gwangju Mine-gu apartment to the Gwangju Mine-dong D Apartment Underground Parking Lot, while under the influence of alcohol of 0.243% of blood alcohol level on September 20, 2020.

Accordingly, the Defendant violated the prohibition of driving regulations at least twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, which is notified of the control results of drinking driving;

1. Criminal records in holding: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of identical drinking records of a suspect);

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the choice of fines, and the selection of fines for criminal facts;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, has been punished as a drunk driving, even though he/she was under the influence of alcohol.

It is necessary to strictly punish the social harm caused by drinking driving, and the blood alcohol concentration of the defendant is 0.243%.

However, a fine shall be imposed on a defendant in consideration of the fact that the defendant's criminal record of drinking alcohol and the date of the crime in this case has a big interval between time and that the defendant has no record of criminal punishment except once.

The amount of fine shall be determined by comprehensively taking into account all the factors of sentencing indicated in the pleadings, such as the above factors of sentencing, the age, character and conduct, environment, and the process of detection of the crime in this case.