Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

[criminal power] On September 26, 2012, the Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution for a violation of the Road Traffic Act at the Ulsan District Court on September 26, 2012, and on November 29, 2012, the Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution for a violation of the Road Traffic Act, and the judgment became final and conclusive on December 7, 2012 and is currently under suspended execution.

【Criminal Facts】

On November 19, 2013, at around 21:40, the Defendant driven a DNA car with a blood alcohol concentration of 0.142% while under the influence of alcohol without obtaining a driver’s license from around 3 meters in front of the “C” convenience store located in Ulsan-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver of the police station, and the report on the replacement of the driver of the police station;

1. Registers of driver's licenses;

1. Before judgment: References to criminal records and police investigation reports (attached reports, such as written judgments) shall apply to statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the provisional payment order is equally identical to that of the defendant, and the sentence is inevitable if the defendant choose to be sentenced to imprisonment again after the suspended sentence becomes final and conclusive.

Considering that the same kind of crime is repeated, it is necessary to punish the defendant strictly.

However, in consideration of the fact that the defendant is under detention, it is deemed that his/her dependents' living will be difficult if he/she is detained, and that he/she is expected not to repeat the crime, a fine shall be selected only once, but the above circumstances shall be considered in the amount of the fine and the punishment shall be determined as ordered by the order.