Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is a driver of the D Car owned by C.

At around 23:40 on June 2, 2014, the Defendant, without a driver’s license, driven the said car at a volume of 300 meters from the front day of the Park Pool located in the Gandong of Gwangju Northern-gu to the front day of the modern hospital located in the North-gu Lane.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, details of inquiries about management of reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order not only driven a motor vehicle while his/her driver's license was revoked, but also committed the instant crime even though he/she had been punished three times due to drinking driving, which is the same kind of crime in the past, it is necessary to punish the defendant strictly.

However, in light of the following: (a) the Defendant’s mistake was divided and reflected, and thus again would not repeat the same offense; (b) the degree of the Defendant’s taking advantage of the driving of drinking alcohol in this case was relatively high to 0.095%; (c) the Defendant’s previous convictions twice during the driving of drinking alcohol in this case was 2003 and 2004; (d) there was no criminal record exceeding the Defendant’s fine; (c) the maximum statutory penalty for the instant crime was set at 3 million won; and (d) all other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, and the circumstances after the offense, etc., on which the sentence specified in the argument of this case was attached.