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Defendant shall be punished by a fine of KRW 10,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant on June 19, 2013, at the Busan District Court, on January 22, 2013, and for the same year.
3. 14. Any person who drives a motor vehicle under the influence of alcohol and is sentenced to a suspended sentence of two months for a violation of the Road Traffic Act, etc.;
On October 31, 2013, the Defendant, without obtaining a driver's license at around 21:10, driving a 50-meter B car from the front day of the Hong Gule House in Yangsan-si to the front day of the same Ri, under the influence of alcohol content of 0.179%, without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of a traffic accident, circumstantial statements made by a driver, and reports on the detection of a driver;
1. Registers of driver's licenses;
1. Before judgment: References to criminal records and investigation reports (a copy of judgment) shall be applied by statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);
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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the provisional payment order are as follows: (a) although Defendant was placed in a place of probation for the same kind of crime in June 2013, he was under the influence of alcohol at the same time for only four months; (b) the Defendant was also under the influence of alcohol; (c) the Defendant was damaged by two vehicles parked or stopped at the time of the instant case; and (d) the Defendant appears to continue to drive without the driver’s license in 2004 after the revocation of the license.
However, the defendant tried to scrap the vehicle of this case while having his depth of the crime of this case and not to drive a license without drinking.