Text
Defendant shall be punished by a fine of KRW 10 million.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On October 6, 2011, the Defendant was sentenced to imprisonment for 8 months with prison labor for a crime of violating road traffic law (drinking driving), etc. by a common military court of the 39th common military court of the Army on December 6, 201, and was sentenced to imprisonment for 2 years for a crime of violating road traffic law at the Ulsan District Court on February 16, 2017, and was sentenced to imprisonment for 2 years for a suspended sentence on February 24, 2017, and the said sentence became final and conclusive on February 24, 2017.
On November 16, 2017, the Defendant driven B K3 automobiles under the influence of alcohol content of 0.189% in alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front of the agricultural and fishery products market located in Ulsan-gu, Ulsan-do, Busan-ro, 308, the Nam-ro, 15-20, the Nam-gu, Ulsan-do.
As a result, the Defendant again driven a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the provisions of the Road Traffic Act prohibiting driving of a motor vehicle on more than two occasions.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger and the next registered inquiry;
1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense / [Selection of each fine] under Articles 148-2 (1) 1, 44 (1), and 152;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment had been punished twice each due to Defendant’s non-licenseless driving, the crime of this case again takes place during the same period of probation, while on the other hand, the distance from the driving of the pertinent non-licenseless driving is relatively short, the Defendant is aware that he is a non-licenseless driving, and the Defendant has suspended his driving by himself (after that, he was aware of the fact of non-licenseless driving by the Defendant on behalf of Defendant C), and he is depth after the Defendant committed the crime.