beta
Text
Defendant shall be punished by a fine of KRW 13 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On March 3, 2018, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court.
On July 14, 2020, the Defendant, without obtaining a driver’s license at around 07:36, driven a Grand City vehicle at the section of approximately 1.5 km from 526 court distance to 1.5 km in Suwon-si, Suwon-si, Suwon-si, a water source with a blood alcohol concentration of at least 0.126%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
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 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 is that the defendant committed a crime without a license as long as he/she had a record of punishment in 2018 due to drunk driving, which is highly likely to have a blood alcohol level, and that there are several different types of criminal records, etc. are disadvantageous to the defendant. Meanwhile, the defendant is recognized and against the defendant, while the defendant is not involved in a traffic accident, the fact that the defendant does not have a traffic accident, the criminal record of the above drunk driving is a criminal record of a fine, and the fact that there is no same kind of criminal record, etc. are considered favorable to the defendant, taking into account the circumstances favorable to the defendant