Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

[Criminal Power] On January 16, 2019, the Defendant was issued a summary order of KRW 4 million at the Suwon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On February 21, 2020, at around 10:41, the Defendant driven an E Newcompured XD car without obtaining a driving license in the state of alcohol concentration of approximately 0.040% in the 8km section from the front of Osan City to the front of D located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and report on the control of drinking and driving, the ledger of driver licenses;

1. Before judgment: References to criminal records and application of Acts and subordinate statutes concerning 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the punishment of a fine due to a drunk driving in 2019, can have the record of having been punished for the same criminal conduct. The driver’s license was revoked on November 14, 2018 due to the foregoing drunk driving.

Nevertheless, it is necessary to impose severe punishment in that a person was engaged in driving under a license without permission, and the penal provision for drinking driving has been strengthened since June 25, 2019, and the defendant was also engaged in driving under the influence of alcohol in this case, even though he could easily have access to such circumstances through the media, etc.

However, the order is issued in consideration of the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the blood alcohol concentration at the time of driving of the instant case was relatively low; and (c) the sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, and environment, are considered.