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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 30, 2017, the Defendant driven B K7 car under the influence of alcohol content of 0.111% without obtaining a driver’s license from the end point in front of the end point in 35, the end point in Jinju-si, the Haak-si, the lower court, around 300 meters from the end point in front of the end point in 35, the front road in Jinju-si, the lower court, to the back point in front of the Yan-si, the lower court.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes on license ledger;
1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the following circumstances, and various factors such as the defendant’s age, sex, environment, and motive for committing the crime, shall be determined as set forth in the order.
The favorable circumstances: The confession and reflects in depth, the fact that there is no previous convictions other than twice before the driving of drinking, and the crime of 2006 before the first driving of drinking, which has a considerable interval of time.
1. Unfavorable circumstances: The aforementioned circumstances include the following: (a) the previous conviction of drinking is reached twice; (b) the remaining six months after being punished for the final drinking; and (c) the driving of drinking again; and (d) the alcohol concentration in blood is significant.