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Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On October 17, 2006, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam Branch's branch on the grounds of the violation of the Road Traffic Act. On April 17, 2008, the Defendant was sentenced to a fine of KRW 9 million for a violation of the Road Traffic Act (driving) at the Suwon District Court's branch on April 17, 2008.
On June 30, 2013, the Defendant, while under the influence of alcohol with 0.10% of the blood alcohol content without obtaining a driver’s license, driven a DNA rocketing car from around the restaurant located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, to around 445-2, at approximately 30 meters of the same road.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about the results of crackdown on drinking driving, and entries in the register of driver's licenses;
1. Previous records of judgment: Application of each of the Acts and subordinate statutes stated in the inquiry report on criminal records, etc., a copy of summary order (the 39 pages of investigation records), and a copy of each judgment (the 42 pages and 46 pages of investigation records);
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are as follows: (a) even though the Defendant had been punished by a fine for the same kind of crime on several occasions, once again repeated driving without a license; (b) the Defendant was sentenced to imprisonment for one year and six months on June 24, 2010 and a fine of 300 million won on February 15, 2012; and (c) committed each of the crimes in this case within the short period after being released from the court on February 15, 2012, taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, and motive for the crime.