Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 20, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on October 2008, the summary order of KRW 1.5 million for the same crime in the same court on May 27, 2013, and the summary order of KRW 6 million for the same crime in the same court on January 31, 2017, respectively.

On August 10, 2020, the Defendant, without obtaining a driver’s license on August 22, 2020, driven an EK5 vehicle from the front side of the Dong-gu Seoul Metropolitan City to the front side of the 0.124% of the blood alcohol concentration, under the influence of alcohol at around 0.124%.

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. Report on the occurrence of the case, report on internal investigation, notification of the result of the crackdown on drinking driving, report on the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), on-site photographs, the detailed statement of handling the report, and the driver’s license ledger;

1. Application of the relevant Acts and subordinate statutes to inquiries about criminal records, etc. and copies of each summary order;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, and the unlicensed driving need to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is considerably high by 0.124%.

In the past, the defendant has been punished by a fine of five times due to drinking or driving without a license.

In addition, on November 28, 2019, the Defendant was sentenced to 10 months of imprisonment with prison labor or 2 years of suspended execution due to special larceny, etc. in this court, and was sentenced to 6 December 2019.