Text
Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, the fine shall be 100.
Reasons
Punishment of the crime
[criminal history] On September 23, 2011, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic laws at the Jung-gu District Court on September 23, 201, and on November 5, 2015, the same court was sentenced to imprisonment for 6 months and 2 years of suspension of execution and became final and conclusive on November 13, 2015.
[2] On September 9, 2011 and July 29, 2015, the Defendant: (a) driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act on at least two occasions; and (b) operated a DNA motor vehicle under the influence of alcohol concentration of 0.098% in the blood alcohol level, without obtaining a driver’s license in about five meters from the roads front of the mutual influent restaurant located in the Dong-si, Seocheon-si; and (c) drive a DNA motor vehicle under the influence of alcohol level of 0.098% in the blood alcohol level.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment of latest data on driving force of drinking);
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a selective fine for punishment (the number of criminal records of the same type, and the fact that the instant crime was committed during the period of suspension of execution is disadvantageous or unfavorable, but is contrary to his/her mistake while recognizing his/her mistake, the driving of alcohol is short, and the degree of alcohol concentration in blood is relatively high, shall be selected by a fine and the amount thereof shall be determined in consideration of such circumstances;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;