Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person whose license was suspended from August 22, 2018 to November 29, 2018.

On September 1, 2018, around 01:23, 2018, the car driver's license was suspended for approximately 20 km sections from the front road of Seocheon-si, Seocheon-si. However, the car driver's license was under the influence of alcohol concentration of 0.115% while under the influence of alcohol during blood.

Summary of Evidence

1. Each investigation report on the circumstances of the driver who was placed in the police interrogation protocol to the defendant's legal statement, the report on the state of the driver who was placed in the interrogation of the suspect, the notification of the results of regulating the driving of alcohol, the vehicle driver's license ledger, the inquiry into the results of regulating the driving of alcohol, and the details of the disposition of suspension of driver's license for mandatory insurance (the disposition of suspension of license due to the driver's license's driving conducted on July 10, 2018, which was conducted on July 16, 2018, from August 22, 2018 to November 29, 2018) (the application of statutes).

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same shall apply) concerning criminal facts, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license)

1. Selection of a sentence (Article 40 and Article 50 of the Criminal Procedure Act and prohibition of raising the type of punishment) or selection of a fine (Article 457-2 (1) and Article 457-2 (1) of the Criminal Procedure Act and Article 50 of the same Act)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a fine of KRW 1.5 million for driving under the influence of alcohol in 2003. On July 10, 2018, the Defendant was sentenced to a suspension of license due to driving under the influence of alcohol on July 10, 2018 and was sentenced to a fine of KRW 1 million in the support of the Suwon Friwon method, on October 5, 2018. However, on September 1, 2018, the Defendant again carried out the instant drinking and driving without the license, and thus, the risk of recidivism is very high.

In addition, at the time of committing the instant crime, the blood alcohol concentration is high, and the drinking is also driven under the suspension of license.