Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On July 3, 2018, around 01:53, the Defendant driven BM3 automobiles under the influence of alcohol content of 0.158% while under the influence of alcohol without a driver’s license, from approximately 100 meters to the front of the “Sado-ro,” located in 7-7, Sacheon-ro, 1621, Sacheon-ro, Hongcheon-ro, 1621.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1);

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. Although there were the past records of punishment due to driving of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the instant crime was committed again shall be considered disadvantageous circumstances. However, it shall be considered in favor of the fact that the driving of alcohol does not have any other record of punishment as well as the punishment of a fine imposed once due to driving of alcohol.

In this regard, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, drinking level, driving distance, etc., are determined as per the disposition.