Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[criminal power] On September 6, 2013, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Seoul Central District Court for eight months. On April 6, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for the same crime from the Sungwon District Court's Sungnam branch, and completed the execution of the Suwon Detention House on December 5, 2017.

【Criminal Facts】

On June 27, 2018, around 01:10 on the road located in the Gangnam-gu Seoul Metropolitan Government, the Defendant driven Bsch Rexroth car under the influence of alcohol of not less than 0.05% of alcohol content without a car driver’s license from approximately 1km section from the roads located in Seongdong-gu Seoul Metropolitan Government to the roads adjacent to the Seongdong-gu Seongbuk-dong, Seongdong-gu, Seoul, to the Seongbuk-gu, Seongbuk-dong.

As a result, the Defendant violated the prohibition of drunk driving at least twice, and once again driven a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Investigation report (Report on the status of an employee);

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to the personal confinement status, investigation reports (Attachment of the same kind of judgment), court rulings, criminal records and inquiry into criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant can be punished for drunk driving several times, and in particular, since six months have passed since he/she completed imprisonment due to drunk driving on December 5, 2017, he/she again commits the crime of drinking driving in this case and the quality of the crime is not very good.

The Defendant sold a motor vehicle in the past.

No driver shall drive under the influence of alcohol again.