Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Western District Court for a crime of violating the Road Traffic Act, etc. on one-year suspension of execution, and on June 16, 2016, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Seoul Western District Court.

On June 16, 2017, at around 00:15 to 00:31, the Defendant driven a motor bicycle with 4 kick kickboard at the 2km section of approximately 2 km, without obtaining a motor bicycle license, while under the influence of alcohol of 0.161% of the alcohol concentration from the exit area of 33 lock-dong, Songpa-gu, Seoul, Samsungdong to the roads of 171-2, Gangnam-gu, Seoul, and blood.

Accordingly, the defendant driving a motor vehicle under the influence of alcohol not less than twice, driving a motor bicycle while drunk again, and driving a motor bicycle without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver of a driving school and a result of drinking measurement;

1. Investigation report (related to electric kickboards);

1. The driver's license ledger;

1. Investigation report (examination of the license necessary for the operation of the electric kickboards);

1. Application of a reply to inquiry, such as criminal history, and the application of the statutes on investigation reports (Attachment to the judgment);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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 Competition;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s mistake and reflects his fault; (b) the operation of the electric kickboard; and (c) the Defendant’s age, sex, environment, and circumstances leading to the commission of the crime; and (d) the punishment as ordered shall be determined by taking into account all the factors of sentencing.