Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On March 16, 2018, the Defendant was issued a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Chungcheong District Court.

Nevertheless, at around 23:54 on October 29, 2019, the Defendant driven a Danland under the influence of alcohol concentration of 0.042% without obtaining a driving license from around 500 meters from the front road of Hongcheon-gun, Hongcheon-gun to the front road of Gangwon-gun Hongcheon-gun.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the arrest of a person suspected of violating the Road Traffic Act;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant, even though he/she had the influence of drinking and driving without a license, once again drives without a license.

However, the driving distance is relatively short, and the blood alcohol concentration was relatively low.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.