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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 24, 2015, the Defendant received a summary order of KRW 4 million from the Jeju District Court as a crime of violation of the Road Traffic Act.
On November 24, 2019, the Defendant, without obtaining a driver’s license at around 04:13, driven the FR car from approximately 500 meters from the front day of the Cju store located in Seopopo City B at the same time, to the front day of the E middle School located in D at the same time, while under the influence of alcohol content of 0.145%.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the results of control of drinking driving, details of control, photographs, and the register of driver's licenses;
1. Previous records: Criminal records, etc. inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);
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) 3 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the fact that the defendant recognized his mistake and reflects the defendant's mistake, that the defendant has a criminal record of the same kind of fine once, that the degree of taking is not less than that of the defendant, and that the defendant's age, character and behavior, environment, means and result of the crime, and all the other factors of sentencing specified in the records and arguments of this case, including the circumstances after the crime, etc.