Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On March 16, 2020, the Defendant driven a vehicle for Ethball riding from the front side of the Daejeon Middle-gu, Daejeon to D with approximately 500 meters alcohol level 0.090% under the influence of alcohol level 0.0%, without obtaining a driver’s license on March 16, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to a traffic accident report, vehicle photograph, victim breath measurement photograph, suspect breath test photograph, report on detection of a drinking driver, report on the circumstance of a drinking driver, inquiry into the results of crackdown on a drinking-driving, vehicle black records, video CD, vehicle driving license register (No. 23), and a report on investigation into the enemy of the vehicle;

1. Relevant provisions of Article 148-2 (3) 2, 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 and Article 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 6 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order requires a punishment corresponding to that for a crime that may cause serious damage to another person's life, body, or property.

At the time of the crime, the blood alcohol concentration of the defendant is not low, and the distance of the vehicle is not shorter. The defendant's driving without a driver's license for drinking, resulting in physical damage and the quality of the crime and the criminal facts are not less severe.

On the other hand, the defendant has received juvenile protective disposition several times due to the crime of immigration offense.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

In addition, human damage has not occurred due to the instant crime, and physical damage has been caused.