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

[Criminal Power] On May 31, 2019, the Defendant was issued a summary order of KRW 2 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 5, 2020, at around 15:45, the Defendant driven CmX125 Obaba while under the influence of alcohol 0.179% of alcohol concentration without obtaining a motorcycle driver's license from the section of approximately 4km from the section of the Dongdaemun-gu Seoul Metropolitan Government to the front road of Jongno-gu Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Control note;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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the Criminal Procedure Act is that the Defendant was punished for a drunk driving on May 2019, and even if the license was revoked due to the foregoing drunk driving, the Defendant was driving without the instant license, and that the blood alcohol concentration is considerably high. In light of the above, the liability for the crime is not easy.

However, in full view of various circumstances, including the defendant's age, environment, occupation, circumstances after the crime, etc., the sentencing conditions indicated in the records of this case, such as the fact that the defendant's mistake is against himself/herself, the defendant's attempt not to repeat the crime again, the defendant's attempts to take the defendant's preference against the defendant, and the defendant's attempt to do so.