beta
Text
Defendant shall be punished by a fine of 11,000,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 27, 2020, the defendant was issued a summary order of KRW 5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.
On May 7, 2020, the Defendant, without obtaining a driver’s license on May 23:46, 2020, driven a e-sports car with a blood alcohol concentration of about 50 meters from the Yeonsu-gu parking lot B to the D in the same Gu C from around 50 meters to the D in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of the driver and report on the detection of the driver;
1. Registers of driver's licenses;
1. Criminal records, reply reports on criminal records, pre-dispositions, results of confirmation, and the application of Acts and subordinate statutes in indictment;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
1. Article 40 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the sentence shall be determined as ordered in consideration of the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, etc.
Unfavorable circumstances: A majority of the records of punishment for drunk driving, and a person who was indicted for a drunk driving and was under trial but was under trial, he/she re-driving in a state of non-license.
It is a high level of blood alcohol concentration measured.
The favorable circumstances: The distance of driving is short, and the vehicle is disposed of, and the vehicle is not driven again.