Text
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 September 11, 2016, the Defendant driven BM5 car under the influence of alcohol of 0.165% in blood without obtaining a driver's license on September 11, 2016, and proceeded with approximately 200 meters in the vicinity of the end park in Gyeyang-gu Incheon Gyeyang-gu to the 93 GS convenience store in front of the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous convictions indicated in the judgment: Inquiry letter, investigation report (written confirmation before the same end), and copies of the summary order attached thereto, which are applicable to the Acts and subordinate statutes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had a record of a single-class crime due to drinking without a driver’s license in the instant case where a person drives a motor vehicle under the influence of alcohol without a driver’s license, is not less than the degree of the crime. However, the driving distance was relatively short, the Defendant’s age was too short, and the Defendant’s age, sex behavior, environment, family relationship, etc. was taken into account in all the circumstances that are the conditions for sentencing, including the Defendant’s age, sex, family relation, etc., and determined the sentence as above.