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 April 13, 2015, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act by Daejeon District Court.

On August 19, 2020, the Defendant driven a Balma car at a distance of about 10 km from the front of a restaurant with light view to 0.144% of alcohol concentration in the blood alcohol level at around 23:55 on August 23:19, 2020 to the front of the Gean Expressway Highway, which is located in the Geandong of the Gwangju Mine-gu.

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. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the case of the same kind of drinking driving);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant once was punished as a drunk driving, and the drinking water in this case is very high, so the possibility of criticism and social risks are high.

However, considering the fact that there are some extenuating circumstances in the process of the Defendant committing the instant crime, there is no history of punishment heavier than imprisonment for the Defendant, the history of drinking driving is one time, and the Defendant repents the mistake, the sentence of imprisonment that may affect the status of the Defendant is somewhat harsh, and thus, a fine shall be imposed on the Defendant.

The amount of the fine shall be determined as per the order within the scope of the punishment without discretionary mitigation, taking into account the above factors of sentencing.