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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
[criminal history] On July 27, 2012, the Defendant was notified of a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Chang-gu Branch on July 27, 2012, and on June 18, 2014, the Defendant was sentenced to a suspended sentence of two years for six months due to a violation of the Road Traffic Act (dacting driving) at the same court.
[Criminal facts] On September 17, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 20:38, driving a motor vehicle, while drunkly under the influence of 0.131% alcohol during blood, while driving a motor vehicle E-wing vehicle at approximately one kilometer from the front side of C in the Gyeongnam-gun, Chungcheongnam-gun, Seoul to the front road.
Summary of Evidence
1. Statement by the defendant in court;
1. Arrest report of the occurrence of the case, report of the situation of the driver in charge, investigation report (report of the driver in charge of driving), notification of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, inquiry into the vehicle
1. Previous records: Inquiry into criminal records, investigation reports (the confirmation of the previous records), and application of Acts and subordinate statutes of four copies of the same military records;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a 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. The elements of sentencing unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant, including the previous criminal records stated in the judgment, once he/she was sentenced to three times a criminal punishment due to drinking, once again drives alcohol without permission; the Defendant was found guilty of two years a suspended sentence on April 13, 2018 by committing a crime of violating the Road Traffic Act (unlicensed Driving).