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

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

Punishment of the crime

On July 31, 2008, the Defendant was issued a summary order of 700,000 won of a fine for a violation of Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court.

On November 21, 2020, at around 22:40, the Defendant driven a DNA car with a alcohol concentration of about 0.037% while under the influence of alcohol at approximately 40 meters from the entrance side of the Chungcheongnam-nam Budget Bank B, to the private street intersection in the same C.

Accordingly, the Defendant violated Article 44(1) 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. Previous convictions indicated in the judgment: Inquiry about criminal history and investigation reports (the same kind of force) and application of the summary order statutes attached thereto;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for driving under influence of alcohol in the past. As such, the nature of the instant crime is not good.

However, in full view of the following factors: (a) the Defendant recognized his mistake; (b) the blood alcohol concentration level at the time of detection was somewhat above the control standards; and (c) the driving distance seems to have been relatively short; and (d) the Defendant has no particular criminal history except for criminal punishment by a fine for driving under the past drinking; (b) the details of the instant crime; (c) the degree of drinking alcohol; (d) the recovery and frequency of punishment due to driving under the influence of alcohol; and (e) the Defendant’s age and sexual behavior, etc., the sentence shall be determined as per the order.