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Defendant shall be punished by a fine of 20 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 10, 2016, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Central District Court for a violation of the Road Traffic Act.
1. Around June 21, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) and operated a car for passenger use by stopping the car at a distance of about 80 meters under the influence of alcohol level of about 0.179% on the street in the front of Gangnam-gu Seoul Metropolitan Government.
2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said vehicle at the time and place above without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Each investigation report (report on the circumstances of the driver concerned and the application of the Ba mark), and the register of suspect's driver's licenses;
1. Previous convictions indicated in the judgment: Criminal records, investigation status (verification of summary order against A-existing punishment records), summary order and judgment (Evidence List Nos. 31 through 34) shall apply;
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is highly necessary to eradicate the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant is driving under the influence of alcohol in the state of licensing even though he had the history of punishment for driving under the influence of alcohol, the interval between the last and the same kind of crime is close, the defendant's blood alcohol concentration is considerably high, driving distance, the defendant recognizes and reflects the facts charged, and there is a need to consider the disadvantage that he may suffer in the workplace in this case, and other conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc.