Defendant shall be punished by a fine of KRW 5,000,000.

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

Criminal facts

Some of the facts charged were corrected.

On July 11, 2007, the Defendant received a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act, and on February 5, 2013, the above court received a fine of KRW 1.5 million as a fine for the same crime.

Although the Defendant violated the provision on the prohibition of drinking driving twice or more on May 30, 2019, the Defendant driven B Poter II cargo in the section of about 1k meters from the front side of the Gyeonggi-si in the front side of the Seocho-si, Gwangju-si, Gwangju-si, with a blood alcohol concentration of 0.061% around May 30, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a cargo vehicle under the influence of alcohol at around 2007 and around 2013, even though he had a record of being punished by each fine. However, the Defendant driven a cargo vehicle under the influence of alcohol at around 0.061% in the second blood alcohol level.

The main circumstances are to be taken into account, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account; the defendant transported the cargo on the new wall without the previous mathm of math, and the defendant committed the crime in this case; the defendant did not have any criminal force other than four times before the fine; and the defendant did not have any other criminal force; and other circumstances such as the defendant's age and character, environment, motive, means and consequence of the crime, etc. shall be determined as ordered by the order.