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Defendant shall be punished by a fine of eight million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 10, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on June 15, 2017, a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), respectively, at the net support of the Gwangju District Court, on June 15, 2017.
On April 26, 2018, the Defendant driven a FM truck with alcohol level of 0.056% while under the influence of alcohol level of 0.056%, without obtaining a driver’s license, from the front of the road located in Goung-gun, Chungcheongnam-gun, Seoul to the front of the road located in D, Goung-gun.
As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver who is to drive a drinking, and inquiry about the result of crackdown on drinking driving (No. 5 No. 5);
1. The driver's license ledger;
1. Previous convictions in judgment: To apply the inquiry (No. 10, No. 11) about the results of regulating driving of drinking alcohol, inquiry letter, criminal history, etc., and the application of Acts and subordinate statutes of investigation report (verification of criminal records 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is favorable to the defendant, such as the fact that the defendant reflects his mistake, the defendant's previous convictions three times before driving alcohol (the first time is the previous driver's license and the second time is the previous driver's license and the second time is the previous driver's license), when the defendant becomes final and conclusive after a suspended sentence of imprisonment or heavier punishment is sentenced, the defendant is dismissed from G association, and the defendant's age, family environment, the same criminal record and the distance between the previous driver's license and the present