Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On July 18, 201, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court on July 18, 201, and was punished on December 28, 201 by imprisonment with prison labor for the same crime in the same court on June, 201, and on two or more occasions due to drinking, such as probation, etc.

피고인은 2017. 2. 11. 15:25 경 서울 송파구 양재대로 932에 있는 농수산물도 매시장 주차장에서부터 같은 구 동 남로 227, 삼성 래미 안 파크 팰리스 앞 도로에 이르기까지 약 500m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알코올 농도 0.126% 의 술에 취한 상태로 E 스포 티지 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case and investigation;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

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 ordinary concurrent crimes (opportune selection);

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 on the Aggravated Punishment of the Provisional Payment Order had the record of being punished twice by driving under drinking, etc., and the crime of this case was committed even during the period of suspended execution due to the same crime.

However, in the event that the defendant is sentenced to imprisonment due to the crime of this case, the sentence of imprisonment with prison labor for the previous suspended imprisonment (six months) should be imposed together with the defendant, which seems to be somewhat harsh, and the defendant was detained for a period of about two months due to this case, and the defendant has no criminal records other than the previous criminal records of the violation of the Road Traffic Act, and the defendant's age, sex, environment, family relationship, and crime.