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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, at the Incheon District Court on March 30, 201, issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Incheon District Court on March 30, 201, and the same court on June 10, 201, issued a summary order of KRW 4 million for the same crime at least twice.
Nevertheless, on October 10, 2017, the Defendant, without obtaining a driver's license on a vehicle at around 00:10, operated a DG car with alcohol content of 0.126% while under the influence of alcohol during blood, and proceeded with approximately 100 meters from the front of a mutual influent restaurant in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu to the front of the BG Hospital at around 00:18 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions: References to inquiries, investigation reports (Attachment of a summary order), and copies of the summary order attached thereto;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);
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 is that, even though the Defendant had a record of two times of crime due to drinking alcohol driving, it is not good to have committed the instant crime in which the Defendant driven a motor vehicle under the influence of alcohol without a driver’s license. However, the driving distance was relatively short, it does not reach the violation of other traffic-related Acts and subordinate statutes, and it is said that the Defendant would not repeat again, such as late, selling a motor vehicle, etc., and further, the Defendant’s age, sex, environment, family relationship, etc. are the conditions for sentencing.