Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

At around 08:40 on March 13, 2013, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.084% on the front of the Gumidong in the Gumi-si Domi-si and the front of the Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing drinking control;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Of the facts charged in the instant case, the summary of the violation of the Road Traffic Act (unlicensed Driving) among the facts charged is that the Defendant driven the said car without a driver’s license at the time and place of the decision.

2. The defendant and his defense counsel asserted that the defendant did not know that the driver's license was revoked at the time of driving.

3. The crime of violation of Article 109 subparagraph 1 and Article 40 (1) of the Road Traffic Act is established only when a person drives a motor vehicle with knowledge that there is no valid driver's license. Thus, even if a person drives a motor vehicle while the previous driver's license is revoked, it cannot be viewed as a crime of violation of the Road Traffic Act (unlicensed Driving) unless the driver recognizes the cancellation of license, and the competent police authority has given a legitimate public notice in lieu of the notice of the cancellation

Even if so, it cannot be readily concluded that the driver was aware of the fact of the cancellation of the license, and in each case, the reason for the cancellation of the license and the severity of the illegal act that became the reason for the cancellation of the license, the existence of the record of the cancellation of the license for the same reason, the reason for the failure to receive the notification of the cancellation of license, the length of the period from the cancellation of the license to the driving act at issue, and how the driver changed during the period of the license.