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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal history] On October 1, 2007, the Defendant received a summary order of KRW 1500,000,000,000,000,000 from the Changwon District Court as a crime of violating the Road Traffic Act (drinking) at the Seogwon District Court’s Branch Branch of the Daegu District Court.
[2] On December 9, 2017, the Defendant driven a D-do motor vehicle under the influence of alcohol content of 0.117% without obtaining a driver’s license from around 200 meters to around 200 meters in front of the G-do Parking Lot where the trade name in the Kimhae-si is unknown, at around 21:52, the Defendant driven a D-do motor vehicle under the influence of alcohol content of 0.117% in blood.
Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of the same criminal history and records of suspension of execution) Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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, which has already been punished three times due to drinking driving, has already been committed a second offense without being aware of the fact that the Defendant had been punished three times due to drinking.
At this time, a motor vehicle was driven without permission without permission.
In addition, the defendant is still under probation after being sentenced to a suspended sentence of imprisonment with prison labor by the court, when he/she drives while drinking alcohol even in the year of the second year.
The degree of alcohol.