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Defendant shall be punished by a fine of seven million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On September 29, 2019, at around 16:30, the Defendant driven an Eco-sports cargo vehicle with approximately 10km from the front of the road located in Hongsung-gun B to the front of Hongsung-gun D without a vehicle driver's license, while under the influence of alcohol concentration of about 0.095%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the situation of running a motor vehicle at home);
1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;
1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order for provisional payment order are that the defendant recognized all of the crimes of this case, etc. are favorable to the defendant.
As the Defendant committed the instant crime even though he had been punished for drinking driving in the past, it is not good to commit the instant crime, and it is evaluated that the risk of recidivism is high, etc. that are disadvantageous to the Defendant.
In addition, in full view of the circumstances of the instant crime, degree of drinking, Defendant’s age, character and conduct, etc., the sentence shall be determined as ordered.