Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On September 18, 2016, the Defendant driven a B-Adi vehicle between 500 meters in front of a restaurant, where the trade name in the two west-gu, Seoan-gu, Seoan-si is unknown while under the influence of alcohol by 0.113% during blood without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (C);

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. A driver's license ledger;

1. A traffic accident report, a traffic accident occurrence report, and an on-site map;

1. Application of statutes on the site and photographs;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a fine for negligence;

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

1. In light of the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the instant crime (control due to accidents), the circumstances leading up to the detection of the instant crime by the Defendant at an investigative agency, the Defendant’s attitude at an investigative agency, and the criminal punishment record (two years of suspended execution of one year for driving under the influence of alcohol, etc. in 2013), etc., a fine of five million won is an appropriate fine amount.

The Defendant asserts that the same day as the date and time stated in the facts constituting the crime of this case would hinder the performance of special official duties, damage property, and equity in the case where the Defendant was punished. However, it seems clear that if the Defendant was punished together with the instant crime, the period of imprisonment would have increased if he/she had been punished, the Defendant would have exceeded the period of imprisonment (the Defendant was sentenced to 8 months by the Daejeon District Court Decision 2017No903 Decided June 21, 2017, which was sentenced to 2017No903 Decided June 21, 2017, and was currently sentenced to 2017Do10389, Supreme Court Decision 2017Do1039).