Defendant shall be punished by a fine of KRW 10 million.

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

Punishment of the crime

[criminal history] On August 25, 201, the Defendant was subject to a disposition of juvenile protection cases due to a violation of road traffic laws at the Changwon District Public Prosecutor's Office on the grounds of a violation of road traffic laws (drinking), and was sentenced to a summary order of KRW 2 million by the Changwon District Court on January 25, 2016. On April 12, 201, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic laws (drinking) at the Changwon District Court on the ground of a violation of road traffic laws.

[Criminal facts] On February 1, 2018, the Defendant driven a Efline car under the influence of alcohol content of 0.103% while under the influence of alcohol without obtaining a driver’s license from the front road of C Middle School in Kimhae-si B to the front road of D apartment at the same time.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the detection of any violation of traffic laws on roads (drinking, driving without a license), reports on the circumstances of drivers who are all drivers, and investigation reports (drawing reports on drivers who are all drivers);

1. Previous convictions in judgment: Inquiry into criminal history, investigation report (suspects' previous convictions and confirmation), and application of each statute of the judgment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which has already been punished three times due to drinking driving, has already been committed a second offense without being aware of the fact that the Defendant had been punished three times due to drinking.

In particular, even though a person is under the suspension of the execution of imprisonment due to drinking driving in a small year, he/she has driven a motor vehicle without permission during the suspension period or under the influence of alcohol.

In addition, the defendant committed the crime of this case.