Defendant shall be punished by a fine of KRW 8,000,000.

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

Punishment of the crime

On November 3, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch on November 3, 2006. On June 1, 2012, the Defendant was sentenced to a suspended sentence of two years for a one-year imprisonment with labor for a violation of the Road Traffic Act (driving) at the Chungcheong District Court on June 1, 2012. A person who violated Article 44 (1) of the Road Traffic Act at least twice.

On July 8, 2013, at around 19:30, the Defendant driven a Category C-II cargo vehicle under the influence of alcohol 0.183% of blood alcohol concentration without the driver’s license, from the front day of the Gangnam-gu, Gangnam-gu, Gangnam-gu, Chungcheongnam-gu to the front day of the Hosansan of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previouss before judgment: Criminal records, references to criminal records, and the application of Acts and subordinate statutes of investigation reports (Evidence No. 16 No. 16);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished for the same kind of crime in 2006 and 2012, the criminal act in this case was committed, the period of suspension of the execution of the same kind of crime, and the blood alcohol concentration is considerable, the defendant should be punished strictly. However, on the other hand, the defendant has no criminal power except that he/she has been punished twice as above. On the other hand, in light of the fact that the defendant does not have any criminal power, the time of committing the crime and reflects the mistake, the fact that the actual accident occurred during driving, the fact that the police did not have any accident, and the situation where the parents should support the defendant, the sentence of imprisonment with prison labor is deemed harsh, and thus, it is at all times.