Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[criminal record] On October 15, 2019, the Defendant received juvenile protective disposition (No. 3 and 5) from the Daejeon District Court’s official branch as a crime of violating the Road Traffic Act (drinking driving).

[2] On September 25, 2020, the Defendant driven a motor vehicle with a alcohol content of about 30 meters from a section of about 0 meters from the front side of the C restaurant located in the public city B to the front side of the E restaurant located in the public city in the public city in the public city in the public city, to the public city in the public city, while under the influence of alcohol content of about 0.094%, the Defendant driven a motor vehicle with a alcohol content of about 0.094%.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement of traffic accident, the statement report on the situation of the driver in charge, investigation report (the report on the situation of the driver in charge), and the scene photograph of the accident on the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of protective disposition against a juvenile of the same kind), and other Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensively taking into account all the factors of sentencing as shown in the records and trial process of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, intelligence and environment, family relationship, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined

A disadvantageous condition: A person who repeatedly commits a crime of drinking under the influence of a driver without a license even though he/she had the record of revocation of a driver's license after having already received a social service order and juvenile protective disposition due to drinking operation, and a favorable circumstance that causes a traffic accident is favorable.