Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 12, 2014, the Defendant received a summary order of a fine of KRW 7 million for a violation of the Road Traffic Act, etc. from the Changwon District Court's Jinju branch on June 12, 2014. On April 1, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for the same crime in the same court, etc. for 8 months.

On September 28, 2015, at around 13:40, the Defendant driven a DK5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.052% without obtaining a driver's license from the section of approximately 2 km from the front of Jindo to the front road of the speedcar.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on circumstantial statements of drivers, and register of driver's licenses;

1. Previous records of judgment: Criminal history records, inquiry reports, application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 has the history of having been punished five times for drunk driving, and four times for unlicensed driving. On April 2015, the Defendant committed the instant crime even though he was sentenced to a suspended sentence due to drinking driving and driving without a license, and the Defendant committed a traffic accident during driving without a license. In light of the fact that the Defendant committed a heavy punishment against the Defendant, it is inevitable to punish the Defendant.

However, the defendant reflects his criminal act, and the defendant seems to have driven this case immediately after drinking.