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Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal power] On February 5, 2007, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act, etc. on October 10, 2008, and the same court on October 10, 2008 sentenced two years of suspension of execution to eight months of imprisonment with prison labor for a violation of the Road Traffic Act. On May 23, 2019, the Daegu District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for a violation of the Road Traffic Act (free license) at the Daegu District Court on May 23, 2019, and the said judgment became final and conclusive during the period of suspension of execution.
【Criminal Facts】
On July 28, 2020, at around 04:18, the Defendant driven a water from a public parking lot located in Daegu Northern-gu B to the D shop located in the same Gu C, without obtaining a driver's license, in the section of about 5 km, while under the influence of alcohol level of about 0.097%.
As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident, report on the actual condition, report on the circumstantial statement of a drinking driver, and notification of the results of crackdown on drinking driving;
1. Previous convictions in judgment: Criminal records, investigation reports (verification of previous convictions), summary orders, and application of statutes governing the judgment;
1. Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (hereafter referred to as the "driving") for the crimes concerned, and Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act for the regular 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 sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.
Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.
(b) suspended execution;