도로교통법위반(무면허운전)등
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On May 31, 2017, at around 11:00, the Defendant driven a Csch Rexton car with approximately 300 meters alcohol concentration of 0.117% while under the influence of alcohol without a motor vehicle driver's license from the 25 Si convenience store in Seo-gu Incheon, Seo-gu, Incheon to the 395-3 front road in the Seo-dong, Seo-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In light of the fact that a person repeats the crime during the period of suspension of execution due to the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act, it is not necessary to punish him/her. However, considering the frequency of punishment for the same crime (one time after the judgment of suspension of execution became final and conclusive) and the equity in the punishment for other similar and similar cases, and other circumstances that are the conditions for the sentencing revealed in this case, it is somewhat harsh to select imprisonment and sentence for the defendant who has a reason for the suspension of execution (in consideration of all the circumstances, it is appropriate to punish him/her as a fine rather than the punishment to be imposed, and give him/her an opportunity to improve his/her personality and behavior during the remaining period of probation). Accordingly, the amount of the fine shall be determined by taking into account the fact that he/she was punished as a fine, but considering the fact that he/she was repeated during the period of suspension of execution.