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

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

Punishment of the crime

[Criminal Power] On October 28, 2016, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the Ulsan District Public Prosecutor's Office as of October 28, 2016.

【Criminal Facts】

On August 29, 2019, at around 23:00, the Defendant driven a Fpoter II truck under the influence of alcohol leveling 0.086% in a section of about 10km from the front of the C elementary school located in Ulsan-gu B to the front road of the “E” located in Ulsan-si, Ulsan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to a written decision not to prosecute the same criminal records), and application of a copy of a written decision not to prosecute;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant,

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 shows the attitude that the defendant's act is disadvantageous to the defendant, and the risk of traffic accident is not realized due to this case's crime, and the risk of traffic accident is not realized due to this case's crime. The defendant's act of driving a motor vehicle while under the influence of alcohol is not low in the level of blood alcohol level at that time, and the defendant's act of driving a motor vehicle without any special reason or there is no possibility of criticism.