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

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

Punishment of the crime

On April 4, 2008, the defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Suwon District Court on April 4, 2008.

On December 4, 2019, at around 21:25, the Defendant driven a DNA vehicle under the influence of alcohol leveling 0.128% from the section of approximately 1.5km to the Black Tri-distance road located in 1130, according to the same vision, from the front of the “C cafeteria” road located in Innju City B. In addition, the Defendant driven a DNA vehicle under the influence of alcohol leveling 0.128%.

As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Report on detection of drivers, report on the circumstances of drivers, and investigation report (report on the circumstances of the drivers);

1. Investigation Report (in respect of the suspect's application of the FIE formula):

1. Investigation report (Statement, etc. of Witnesses);

1. Photographs related to traffic accidents;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like records);

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 with regard to a provisional payment order is that the Defendant, even though having a record of drinking alcohol driving, was driving under drinking again, and the blood alcohol concentration at the time of committing the crime was also high.

However, the defendant's drinking driving force is before 10 years, and the distance of drinking driving is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.