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1. Defendant shall be punished by a fine of KRW 7,000,000;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 6, 2008, the Defendant received a summary order of KRW 2.5 million from the Chuncheon District Court due to a violation of the Road Traffic Act (driving). On April 28, 2015, the Defendant received a summary order of KRW 5 million from the same court on October 5, 2015 due to a violation of the Road Traffic Act (driving).
On October 2, 2015, the Defendant, without obtaining a driver’s license at around 21:00, driven a B 200m car from the front of the office of construction in Yangwon-gun, Yangyang-gu, Yangwon-gu, Yangyang-gu to the front of the same Shabaki cafeteria, both of which are under the influence of alcohol by 0.072%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. A report on detection of a host driver;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a criminal record of drinking three times, which is disadvantageous to him/her.
However, considering the fact that the defendant's blood alcohol concentration is low, and that the defendant has no previous conviction or more than the suspension of qualification due to drunk driving, the defendant is sentenced to imprisonment with prison labor for one year and six months, and three years of suspended execution as declared by the court on May 15, 2014, and the judgment becomes final and conclusive and conclusive on May 23, 2014, the sentence is determined as ordered.