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 July 6, 2007, the Defendant was issued a summary order of KRW 5 million as a fine of KRW 1 million for a violation of the Road Traffic Act in the branch court of the Busan District Court and a fine of KRW 5 million for a violation of the Road Traffic Act in the branch court of the Changwon District Court on August 23, 2016.

【Criminal Facts】

On July 1, 2019, the Defendant, as a person with the power of violating the provision on the prohibition of driving under the influence of alcohol, driven the EMW car from around 300 meters from the macro-city B apartment parking lot to D in the same city C, while under the influence of alcohol at around 07:50%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of investigation reports (Attachment of the same kind of power), criminal records, and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won; and

2. Setting the sentencing criteria not;

3. Determination of sentence: a fine of eight million won is required to be imposed upon the defendant in consideration of the same force of the defendant (three times a fine) and the purpose of amendment of the Road Traffic Act;

However, considering the blood alcohol concentration recognized by the defendant and the final drinking time of the defendant (21:00 on the previous day), the possibility of criticism is relatively small because the case falls under the so-called nived driving.

When the defendant is sentenced to imprisonment, the qualification of licensed real estate agent is revoked, but the certified brokerage business is run, and the defendant who maintains his livelihood is too harsh.

This is to select a fine in consideration of the fact that the defendant erred.

In addition, the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant.