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Defendant shall be punished by a fine of KRW 14,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Criminal Power] On December 2, 2013, the Defendant was issued a summary order of KRW 5 million by the Seoul Northern District Court for the violation of the Road Traffic Act (driving).
【Criminal Facts】
On October 17, 2019, at around 01:50, the Defendant driven a water-driven Q7 car under the influence of alcohol level B while under the influence of alcohol level of about 0.179%, without obtaining a driver’s license, from the public parking lot for viewing water in Suwon-si to the water source in the same Dong from around 200 meters to the water source in front of viewing water sources in the same Dong.
As a result, the defendant has violated the prohibition of drinking driving more than twice, but has driven a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);
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. Articles 40 and 50 of the Criminal Act of the Commercial 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not only the criminal record of drunk driving as indicated in the judgment, but also the criminal record of criminal punishment for unlicensed driving in 2018 was committed, and the blood alcohol concentration level at the time of the crime was considerably high, and the quality of the crime is not weak.
However, considering the fact that the defendant is led to confession and reflect, and that there is no criminal record exceeding the fine for the last ten years, there are other records and arguments, such as the age, attitude, environment, driving background and distance of the defendant, and the circumstances after the crime.