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 January 30, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On November 21, 2019, at around 09:37, the Defendant driven a D class III cargo vehicle with a blood alcohol concentration of about 0.065% from the 1km section from the front road of Ulsan-gu B to the front road of the same Gu C, while under the influence of alcohol level of about 0.065%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 of the provisional payment order requires a punishment corresponding to the punishment for a crime that may cause serious damage to the life, body, or property of another person.

However, there is a interval of time between the defendant's past crime of drinking driving and the crime of drinking under this case, and the facts that the crime of this case can be considered due to the night driving in the situation where the previous drinking state was not resolved, etc. are favorable to the defendant.

In addition, the punishment shall be determined as ordered in comprehensive consideration of the age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the sentencing conditions shown in the records and pleadings of the case.