Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

【Criminal Power】 On October 14, 2014, the Defendant was issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act, at the Sungnam Branch of Suwon District Court.

【Criminal Facts】 On April 20, 2020, around 03:48, the Defendant driven a vehicle of sofrign at approximately 6.8 KKm from the roads near the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, to the roads in front of Sungnam-gu, Sungnam-si, with a blood alcohol concentration of at least 0.035% under the influence of alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the drinking control result, and circumstantial statement of a drinking driver;

1. On-site reports, field photographs, and list of 112 reported cases;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant re-driving the instant motor vehicle even though he had the record of punishment once due to drinking driving, as shown in the records of the criminal records in the judgment, and the occurrence of a dangerous situation in traffic flow due to a case discovered by 112 from among the persons who stopped two lanes due to drinking driving in the instant case. The blood alcohol concentration (largely low) of the instant blood alcohol concentration, driving distance, driving circumstances, etc., together with the attitude of reflecting the Defendant’s wrongness, the Defendant did not repeat the crime; the Defendant did not have any criminal records exceeding the fine; the Defendant did not have any other criminal records; the Defendant’s age, character and behavior, environment, economic conditions, and all the conditions of the sentencing as shown in the instant case, such as the circumstances after the crime, etc. shall be determined by taking full account of the following factors.