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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
[criminal power] On October 27, 2009, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for a violation of the Road Traffic Act at the Suwon District Court’s horizontal Housing Site, etc., and on April 10, 2014, in the same court, the Defendant was sentenced to two years of suspended execution for a violation of the Road Traffic Act, etc., and the judgment became final and conclusive on April 18, 2014.
【Criminal Facts】
On April 10, 2015, the Defendant, without obtaining a driver’s license on April 23, 2015, driven a C rocketing car from around 5.2 km to the road located at about 302 m from the front day of the restaurant in Pyeongtaek-si 1-gil 12, Pyeongtaek-dong, in the state of alcohol alcohol concentration of 0.185%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;
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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Determination as to whether the sentencing criteria exist in several times of punishment power for the same kind of punishment, and whether the sentencing criteria exist for the considerable radius, the possibility of revoking the suspension of execution, and the conditions unfavorable to