Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

[criminal power] On July 18, 2018, the Defendant was issued a summary order of 1.5 million won by the Suwon District Court for a crime of violation of the Road Traffic Act. On July 18, 2019, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with labor for the same crime at the Seoul Central District Court.

【Criminal Facts】

On October 22, 2019, at around 01:00, the Defendant driven a motorcycle, a motorcycle, a motor bicycle, under the influence of alcohol by 0.112% without obtaining a motorcycle driver’s license from around B Station in Gangnam-gu, Seoul to around C Station in about 360 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. A traffic accident report (actual survey report), and D's statement on the occurrence of a traffic accident;

1. Stickboard photographs, electric kick kickboards;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (previous records, etc. of the same kind), each summary order, and application of statutes governing the judgment;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of 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. Not only the reason for sentencing under Article 334(1) of the Criminal Procedure Act, but also the awareness of driving under the influence of alcohol which may result in an uncomfortable result for others, is nothing more than emphasizing.

The Defendant, while his license was revoked due to drinking, once he drinks alcoholic beverages and operates the electric kickboard, and the drinking water of this case.