Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

[criminal history] On July 6, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court’s Branch Branch Branch on July 6, 2007. On July 8, 2013, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

[Criminal facts] On October 13, 2020, the Defendant driven a D low-speed car with approximately 100 meters alcohol concentration 0.076% while under the influence of alcohol at the section of about 100 meters from the front of Seocheon-si B to the front of Seocheon-si C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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

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 of the Provisional Payment Order is that the Defendant, even though he had been punished several times due to the violation of the Road Traffic Act (two times of drinking driving and three times of driving without a license), is more serious and there is a high possibility of criticism in that he again committed the instant crime and resulting in considerable danger to road traffic.

However, considering the favorable circumstances, such as the fact that the defendant's mistake recognized the defendant's mistake and the occurrence of traffic accidents, the fact that the defendant returned the vehicle and started mental treatment for alcohol abuse, and the fact that there has been no significant penalty power exceeding the fine.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the number of alcohol concentration in blood and the distance operated in drinking condition, the age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc., and the overall sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime.