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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 25, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act by the Changwon District Court on the following grounds: (a) on September 2, 2017, the Defendant was sentenced to a suspended sentence of two months; (b) on October 17, 2016, the Defendant was still under the suspended sentence of two million won for the same crime in the same court; and (c) on February 13, 2012, the Defendant violated the prohibition of drinking regulations by receiving a summary order of 1.5 million won for the same crime at the same court on the same date.
On February 10, 2018, at around 05:45, the Defendant driven CM3 car under the influence of alcohol content of 0.058% while under the influence of alcohol without obtaining a driver's license from approximately 300 meters from the front day of the mutual influence in Busan-dong, Busan-dong to the front day of the Busan-dong, as well as from around 734 meters from the front day of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving at home and report on the situation of driving without a license;
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. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Photographs of vehicles;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, one copy of the text of the judgment, and two copies of the summary order;
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 under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is very good in that the defendant committed the crime of this case during the period of probation due to the same crime, but it is hard to say that the defendant's mistake is divided in depth and disposes of the vehicle and does not result in recidivism. At the time of this case, the amount of alcohol concentration in the blood of the defendant was reduced.