Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On July 20, 2012, at around 00:30 on July 20, 2012, the Defendant driven B Obba while under the influence of alcohol with the blood alcohol concentration of about 0.182% without a motor device driver's license from the front of the Maba-dong Saemaeul market to the front of the same Maba-gu street.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to an investigation report (general), a report on detection of a host person, and an inquiry into the driver's license ledger;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a dangerous crime that the defendant drives a motor bicycle under the influence of alcohol or without a license, and a drunk driving is a dangerous crime that may lead to a big accident that may lead to the life of another person. As the recent revision of the Road Traffic Act, the punishment for the act of drinking alcohol has been greatly strengthened, and the defendant's blood alcohol concentration has reached 0.182% at the time of the present case, and the defendant has already committed the crime of this case in the same kind even though he had the history of punishment for three times or more due to drunk driving or without a license, it is necessary to strictly punish the defendant.

However, it is advantageous to the defendant, such as the fact that the defendant under investigation by an investigative agency recognized all the criminal facts of this case, that the defendant has no record of being sentenced to a fine heavier than that of a fine due to the same kind of crime, and that the crime of drunk driving has not been committed more than 10 years since July 2003 at the time of the crime of this case.