Text
Defendant
A Imprisonment of one year and two months, and Defendant B shall be punished by a fine of 2,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
[criminal power] On February 11, 2019, Defendant A was issued a summary order of KRW 3 million at the Suwon District Court for a violation of the Road Traffic Act (driving). On October 28, 2019, Defendant A was sentenced to a fine of KRW 5 million for the same crime at the same court.
【Criminal Facts】
1. At around 05:10 on September 11, 2019, Defendant A driven a vehicle into E E E E E E E E E Evole, under the influence of alcohol concentration of about 0.073%, without obtaining a driver’s license, from the front road of Suwon-si, Suwon-si to the front road of 7km.
As a result, the defendant was driving at least twice, while driving without a license.
2. Around 05:10 on September 11, 2019, Defendant B driven a G non-low-land car without obtaining a driver’s license on the section from the front road of the F insung City to the front road of the D in terms of harmony.
Summary of Evidence
1. Defendants’ respective legal statements
1. The register of driver's licenses;
1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);
1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;
1. Article applicable to criminal facts;
(a) Defendant A: Articles 148-2 (1) and 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;
(b) Defendant B: Article 152 Subparag. 1 and Article 43 of the Road Traffic Act;
1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;
1. Selection of punishment;
A. Defendant A: Imprisonment;
B. Defendant B: Selection of fine
1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;
1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;
1. Defendant A who has an order to provide community service or attend a lecture: Article 62-2 of the Criminal Act;
1. Defendant B: Defendant A with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is a drunk driving in 2019.