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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On August 6, 2018, the Defendant driven an E-owned vehicle under the influence of alcohol level 0.138% while under the influence of alcohol level 0.138% without obtaining a driver's license from the front of the C Child Care Center in the Dosan-si B to the front of D Jeongmun-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, the statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and the application of statutes to the ledger of
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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant had been punished once due to driving of drinking and refusing to measure drinking, again committed the instant crime without being aware of the fact that the Defendant committed the instant crime during the suspension period of execution due to the crime of injury.
This is disadvantageous to this point.
However, it is advantageous to the fact that the defendant's mistake is divided and reflected.
Considering such circumstances and alcohol concentration at the time of the instant crime, the sentence shall be determined as ordered in consideration of the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime were committed.