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The sentence against the accused shall be five million won or more.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On January 26, 2007, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of road traffic law (drinking driving) at the Seocheon Branch of the Daejeon District Court. On August 4, 2011, the Defendant issued a summary order of KRW 4,00,000 as a fine for a violation of road traffic law (drinking driving) at the same court on August 4, 201.
On March 16, 2015, without a driver's license of a motor vehicle, the Defendant driven a motor vehicle at CAbaum in the section of about 20km from the front of the Central University located in Pyeongtaek-si to the front of the road located in Seoan-gu, Seoan-gu, Seoan-si to the road located in Seoan-gu, Seoan-gu, Busan, about 343km in the direction of Busan.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and E;
1. Statement report on the situation of the driver who is placed in the main place, appraisal report on alcohol concentration in blood, and the register of driver's licenses;
1. An accident scene photograph;
1. A written reply to inquiry, such as criminal history, etc. [In light of the fact that the defendant has made a statement recognizing the driving of alcohol immediately after the occurrence of the instant case, that there was no alcohol disease on the vehicle driven by the defendant, and that drinking while parking the vehicle on the side of the expressway is very exceptional, it may be sufficiently recognized that the defendant has committed the crime of driving alcohol in this case];
Application of Statutes
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 an alternative fine for punishment;
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;
1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;