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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On January 31, 2008, the Defendant violated the prohibition clause on drinking driving by receiving a summary order of KRW 1,500,000 from the Seoul Western District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million from the same court on April 14, 2014, respectively.

On October 10, 2015, at around 02:12, the Defendant driven Caltoba while under the influence of alcohol 0.122% without obtaining a motorcycle driver’s license from around 02:24 on the same day from the front of the newspaper diffusion station in Eunpyeong-gu Seoul, Seoul, to the front of the Yang-Madong in Eunpyeong-gu, Seoul, to around 02:24 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Registers of driver's licenses;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with 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 of the provisional payment order, even though the defendant had had a history of punishment several times by driving dumbs in drinking and unlicensed condition, again, he/she drives the instant drinking or unlicensed driving. The amount of blood alcohol concentration of the defendant at the time of driving the instant drinking, driving distance of the instant case, criminal record relationship of the defendant, and other various sentencing conditions as shown in the records and arguments of the instant case shall be determined as per the order.