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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 4, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on March 4, 2018, driven the B K5 motor vehicle at the 1km section from the front of the trade influence in the south-gu Dong-dong Dong-dong, in the condition of under the influence of 0.105% alcohol during blood, to the fluence in the middle-gu Dong-dong, Nam-gu, Chungcheongnam-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the application of statutes to the ledger of driver's licenses;
1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 there are a number of criminal records including the same criminal records over two times the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and in particular, in the year 2016, after being sentenced to a two-year suspended sentence for a crime of fraud, etc., it is determined that the defendant was under the suspended sentence for a two-year period and without being among the persons who were under the suspended sentence, it is necessary to severely punish the defendant.
However, considering the favorable circumstances, such as the absence of the same criminal history beyond a fine, there is room for considering that the defendant is a crime during the period of probation due to a crime other than a same kind of crime, and the fact that the defendant seems to have an attitude to recognize and reflect the mistake, the amount of fine shall be determined as ordered by taking into account the motive, means and result leading to the crime of this case, circumstances after the crime, age of the defendant, sexual behavior, environment, etc.