Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

[criminal power] On November 20, 2007, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Daegu District Court, and KRW 1.5 million as a fine in the same court on April 21, 2017, respectively.

【Criminal Facts】

On August 4, 2020, at around 00:28, the Defendant driven the Ebenz car in the state of alcohol 0.063% of blood alcohol concentration at the section of about 3 km from the front of the C cafeteria located in the Si-si, Daejeon to the front of the same city D.

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

Summary of Evidence

1. Defendant’s legal statement, report on his state of his will, investigation report (report on the state of his will, notification on the results of the drinking driving control, vehicle driving license register, vehicle making inquiries, and mandatory insurance association;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (verification of previous convictions - Application of Acts and subordinate statutes two copies of summary orders);

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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 on September 25, 2018, when a citizen was involved in a traffic accident due to a drunk driving, the citizen was placed in a brain-dead state, and the case which eventually led to the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to a serious loss of human life, it is necessary to evaluate the illegality of drinking driving itself seriously.