Defendant shall be punished by a fine of KRW 7,000,000.

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

Punishment of the crime

[criminal power] On August 22, 2013, the Defendant was sentenced to a fine of five million won for the crime of violation of the Road Traffic Act at the Ulsan District Court on August 22, 2013, and the same court on July 17, 2014, which was sentenced to a suspended sentence of two years for the six months of imprisonment due to the same crime, and was punished five times for the same crime.

【Criminal Facts】

On April 12, 2015, the Defendant, without obtaining a driver’s license on April 12, 2015, driven a Clearning car at the City Hospital parking lot located in Ulsan-gu, Ulsan-gu, Incheon-do, under the influence of alcohol content of 0.169%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and field photographs;

1. Report on detection of a host driver, report on the circumstances of a host driver, and notification of the completion of correction;

1. The register of driver's licenses (A), chassis, and investigation report;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. There are many criminal records of the same kind of sentencing of Article 334(1) of the Criminal Procedure Act, and there is a high possibility of criticism in the crime of this case again during the suspension period of execution for the same crime, and the liability for the crime is not easy.

However, the punishment as ordered shall be determined in consideration of the fact that the mistake is recognized and reflected, the circumstances that are somewhat considered, the driving distance is shorter than two meters, the probation, etc. seems to have been faithfully observed, the family members to support their livelihood and the clear social relationship, and other factors of sentencing that are shown in the record.