Defendant shall be punished by a fine of 12 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On November 22, 2018, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court on November 22, 2018.

No one shall drive a motor vehicle under the influence of alcohol, and the said provisions shall not be violated twice or more.

Nevertheless, at around 22:40 on December 10, 2019, the Defendant driven a d-wing 3 cargo vehicle under the influence of alcohol with 0.082% alcohol concentration without obtaining a driver's license in the section of about 3 km from the alcohol house in the front line in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si. to the front line in the same city.

As a result, the Defendant driven a motor vehicle at least twice without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

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 ordinary concurrent crimes (the punishment prescribed for a violation of each Road Traffic Act at the time of marketing and the punishment heavier than that of a violation of the Road Traffic Act shall be imposed);

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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for a drunk driving in the past. As such, the nature of the instant crime is not good, and it is deemed that the risk of recidivism is high.

On the other hand, however, the defendant's mistake is recognized, and the defendant has been sentenced to criminal punishment by a relatively minor fine, and suspended execution.