Defendant shall be punished by a fine of KRW 10,000,000.

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

Punishment of the crime

[Criminal Power] On August 21, 2016, the Defendant received a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on August 21, 2016.

【Criminal Facts】

On February 13, 2020, at around 14:15, the Defendant driven a f-wing truck with a blood alcohol concentration of 0.131% under the influence of alcohol without a car driver’s license from approximately 500 meters to the E-office road located in the same city, from the front of the C-cafeteria located in B, to the front of the E-office located in D in the same city.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Criminal land, report on the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, report on the control results of drinking driving, and report on the actual situation;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed again the instant drinking and driving without obtaining a license, even though he/she had had been punished for the same kind of crime around 2016, and the Defendant had incurred a traffic accident at the time of the instant case is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and reflected, and that the defendant has no record of punishment beyond the fine is favorable to the defendant.

Other circumstances, such as the occupation, age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.