Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On August 9, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of road traffic law in the Jeonju District Court's Eup branch, and the sentence was finalized on the 17th of the same month and is still under the suspension period.

On January 1, 2020, at around 01:0, the Defendant driven a motor vehicle with low alcohol level of at least 0.059% while under the influence of alcohol during blood at approximately 2-3m sections of the Bpent-gu, Chungcheongnam-si, Chungcheongnam-si. Bpent-do.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (Report on the situation of driving in the main place);

1. The driver's license ledger;

1. Previous convictions: Inquiry about criminal history and investigation reports (the same type of force) and application of statutes attached thereto;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment between the crimes of violating the Road Traffic Act in each judgment and the punishment between the crimes of violating the Road Traffic Act which are heavier than the punishment provided for in the provisions of the Road Traffic Act);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the Defendant, even though having been punished for driving under the past drinking, once he had the record of being punished for driving under the influence of alcohol, driving again during the period of suspension of execution. The fact that the nature of the crime of this case is not good, etc.

However, in full view of all the sentencing conditions, such as the fact that the defendant's mistake is recognized, the fact that the alcohol level is not high at the time of detection, the circumstances leading to the crime of this case, the degree of drinking, the recovery and frequency of punishment due to drinking, the age of the defendant, sexual behavior, etc., the punishment shall be determined as ordered.