Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On July 13, 2019, at around 23:09, the Defendant: (a) stated the facts charged in the instant two-wheeled automobile in approximately 100 meters section from the Do near the water cooperative distance, which is under the influence of alcohol of 0.169%; to the road located in about 40-ro 40, East-gu, Incheon, Nam-gu culture, to the culture of the same Gu; but (b) on the other hand, the vehicle equipped with a motor with a power of electricity of less than 0.59 kilowatts, which constitutes a motor bicycle (see Article 2 subparag. 19 (b) of the Road Traffic Act).

The electric kickboard (RED WING MMA, rated output of 500W) was operated.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. The circumstantial statement of the employee;

1. Reports on internal investigation (verification, etc. of accident images) and investigation reports;

1. Application of each statute on photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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 is that the defendant who had been already punished twice due to drunk driving was re-offending, and that the measured blood alcohol concentration was significantly high, etc. are disadvantageous to the defendant. In the case of the electric kickboard, the degree of risk is relatively low, the defendant himself was injured due to traffic accident, the other party was compensated for physical damage, and after the punishment was imposed in 2008, he did not have a criminal record of drunk driving and did not have any criminal record exceeding fines.

In addition to the above circumstances, the sentence shall be determined as per Disposition by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.