Defendant shall be punished by a fine of seven million won.

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

Punishment of the crime

[Criminal Power] On August 19, 2016, the Defendant was issued a summary order of KRW 1,200,000 as a fine for a violation of the Road Traffic Act (driving) in the branch court of the Suwon District Court.

【Criminal Facts】

On October 4, 2019, at around 20:50, the Defendant driven a D motorcycle while under the influence of alcohol with a blood alcohol concentration of 0.173% without obtaining a motorcycle driver's license from around 300 meters in the section from the front of Gyeonggi-si B to the front of the same city C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and report on the situation of drinking driving;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 on the order of provisional payment, even though the defendant had a record of driving under influence, caused a traffic accident again while driving under influence, and at the time, the defendant's blood alcohol concentration was considerably high.

However, the defendant's drinking distance was relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.