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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant driving a motor vehicle under the influence of alcohol on September 18, 2008 (the issuance of a summary order of KRW 2 million at the Suwon Friwon on November 21, 2008), driving a motor vehicle under the influence of alcohol on January 5, 2018 (the issuance of a summary order of KRW 5 million at the Suwon Friwon on February 7, 2018), and violating Article 44(1) of the Road Traffic Act on at least two occasions.
As above, the Defendant: (a) was a person who violated the duty of prohibition of driving under the influence of alcohol twice or more on August 11, 2018; and (b) was under the influence of alcohol of 0.103% during blood transfusion on August 22:1, 2018, and (c) was driving a e-learning car from the front side of the road located in Gwangju City B without a driver’s license to the front side of Gwangju City, around 3km from the road in Gwangju City without a driver’
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Records of judgment: Application of an inquiry letter, inquiry report, and investigation report (the previous report on confirmation of past records), such as criminal history;
1. Article 148-2 (1) 1 of the Road Traffic Act applicable to the facts constituting an offense is an error in the law that applies to the written indictment under Article 148-2 (2) 2 of the Road Traffic Act.
Article 44(1)(d)(d)(d)(1), Article 152(1) and Article 43(d)(D)(D)(D)(D)(D)(D)(D)(D)(D)(D
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the Defendant, whose driver’s license was revoked due to driving under drinking on February 17, 2018, has a history of driving under the influence of alcohol more than twice, and the quality of such crime is not less than that of the Defendant, but not less than one year after being discovered by driving under drinking on January 2018, and there is a lot of possibility of criticism in that the Defendant re-driving without a license or driving under the influence of alcohol.
However, the defendant recognizes the crime of this case.