Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

On May 20, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On February 5, 2020, at around 00:45, the Defendant driven a Drocketing car at about 1 km section from the black fluent distance in the Black-dong in Gwangju Mine to the front distance intersection in the same Gu, while under the influence of alcohol of 0.127%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 provisional payment order is that the defendant had been punished as a drunk driving, and the accident has occurred, and thus, the possibility of criticism and social risks are high.

However, considering the fact that there are extenuating circumstances to consider the Defendant’s committing the instant crime, the Defendant’s prior conviction and the date of the instant crime have a big interval of time between the Defendant’s criminal record and the date of the instant crime, and the Defendant has no record of punishment heavier than imprisonment.

The amount of the fine shall be set at the lower limit that did not reduce the amount by taking into account the above factors of sentencing.