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Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 22, 2017, at around 08:11, the Defendant, without a driver’s license, driven C Poter vehicle in the 1k section of approximately KRW 1km from the roads near the city of the jun city located in the city of Jeju to Samsung 22, in the state of 0.08% alcohol concentration in the blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of an alternative fine for punishment (to take into account the following favorable circumstances):
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 the Defendant was sentenced to a fine of KRW 1.5 million for driving under the influence of alcohol in 2008, who was sentenced to a fine of KRW 3 million for driving under the influence of alcohol in 2015, who was sentenced to a fine of KRW 3 million for driving under the influence of alcohol in 2016, and was sentenced to imprisonment for six months and a suspended sentence for two years.
As above, it has been punished for three times of drinking or drinking, and it is highly likely to be criticized in that the drinking or non-licenseed driving has been done without being subject to suspension of the execution.
However, if the defendant acknowledges his mistake and supports the old father, the fact that the defendant is driving after considerable time from the time of the final drinking is more favorable.
In addition, the defendant's age, sex, environment, circumstances, circumstances after the crime, circumstances after the crime, amount of alcohol concentration in blood, and various sentencing conditions shown in the pleading of this case shall be determined as the order.