Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] On December 2, 2019, the Defendant received a summary order of KRW 7 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving) and received a summary order of KRW 7 million. The Defendant is a person who has the same criminal record once.

【Criminal Facts】

On February 25, 2020, at around 02:00, the Defendant driven a two-wheeled automobile under the influence of alcohol with approximately 3 km alcohol concentration of about 0.125% without obtaining a driver’s license, from the nearest road of the Round Pool in Osan-si to the front road of C in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a two-wheeled automobile without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the circumstantial statement of the employer (report on the circumstances of the employer driver);

1. License register;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (formers and confirmation reports), and application of Acts and subordinate statutes of summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting the crime (the point of a driving without a license for soil and sand);

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. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine for drunk driving in 2019, and accordingly, the driver’s license was revoked on November 26, 2019.

Nevertheless, there is a need to impose severe punishment in that a person was engaged in driving under the influence of alcohol without a license for long time, and since June 25, 2019, the penal provision for drunk driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, etc., even though he could have easily known such circumstances.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant.