Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[criminal power] On January 17, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Busan District Court’s Branch Branch on January 17, 2007. On October 8, 2018, the Defendant was issued a summary order of KRW 4.5 million for the same crime in the same court.

[범죄사실 ] 피고인은 2019. 10. 24. 23:38경 시흥시 B 부근 도로에서부터 같은 시 C에 있는 D 앞 도로에 이르기까지 약 5km 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.048%의 술에 취한 상태로 E 팰리세이드 승용차를 운전하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and a drinking-free driver;

1. Registers of driver's licenses;

1. A previous conviction: Application of a reply to inquiry, such as criminal records, and two copies of a summary order (related to driving);

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 a selective fine: The fact that there was a history of a fine imposed several times due to drinking or unlicensed driving, but there was no record of punishment heavier than that imposed for the suspension of execution, and that 10 years or more have passed all except for the previous conviction in 2018, and that the crime was committed again while the driver's license was revoked due to drinking driving again, and the punishment for the crime is not high and the degree of sexual alcohol level is not high.

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;