Defendant shall be punished by a fine of KRW 14,000,000.

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

Punishment of the crime

On February 15, 2019, the Defendant received a summary order of KRW 9 million as a crime of violation of the Road Traffic Act (driving) at the Seoul Central District Court.

Nevertheless, on July 15, 2020, the Defendant was under the influence of blood alcohol level of 0.061% without obtaining a driver’s license on July 15, 2020, and driven a car of 15 km level C at the same intersection, which is located in the daily east-dong, in front of the building in Sincheon-si.

As a result, the defendant violated the prohibition clause of drinking driving at least twice and operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal and investigation experience data inquiry, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished by a fine for a drunk driving in 2019, but the Defendant was under a license without permission at a short time. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no previous conviction other than the above previous one, the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.