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1. Defendant shall be punished by a fine of 5,000,000 won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Defendant
A was finally determined by the Daejeon District Court on August 8, 201 to be sentenced to a fine of three million won for a violation of the Road Traffic Act (driving). On November 20, 2014, a person who was sentenced to a fine of six-month imprisonment at the Chungcheong District Court on November 20, 2014, but was sentenced to a violation of the Road Traffic Act (driving). However, on January 9, 2015, a person who had a record of driving under the influence of alcohol more than twice by dismissal of appeal on January 9, 2015.
Nevertheless, on July 27, 2013, the Defendant, in violation of the same Act, driven a B gallon vehicle under the influence of alcohol concentration of 0.084% without a driver’s license, while under the influence of alcohol concentration of 0.084%, from the front of the restaurant of “salone-way,” which is located in the Jung-gu Daejeon-gu Daejeon Metropolitan City, to the front of the Hegalgal-ro, Daejeon-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license) and the selection of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act, heavier than the punishment);
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the sentencing sentence] is 5 million won or more but less than 13 million won (the decision of the sentencing sentence]: The normal circumstances unfavorable to the confession and reflect: The person can have a criminal experience of drinking, driving without a license, driving like the same kind of crime during the period of probation, the fact that the person is a crime during the period of probation, and the case of the consolidation of crimes during the separate trial are likely to have a strict punishment.
shall be subject to a judgment.