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1. The sentence against the accused shall be 5,000,000 won;
2. The defendant does not pay the above fine.
Reasons
Punishment of the crime
On March 9, 2012, the Defendant was sentenced to a fine of KRW 3 million on the grounds of a violation of road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court on March 9, 2012, and a fine of KRW 3 million on October 12, 2012 in the same court.
On January 21, 2016, the Defendant, at approximately 300 meters away from the front of the CU convenience shop in Jin-si, Jin-si, STD 125CC bicycle without a motor device driver’s license, was driven in the cU convenience shop in the front of the self-support workplace located in 207-48 of the same route to the front road of the self-support workplace located in 207-48 of the same route.
As a result, the defendant has violated the prohibition of drinking at least twice, and once again, he/she has driven a motor bicycle without a motor device bicycle driver's license while drunk in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Report on the circumstances of the driver's license in driving and the driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of force of the punishment of the same kind);
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;