Defendant shall be punished by a fine of 6 million won.

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

Punishment of the crime

[Criminal Power] On May 2, 2014, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On June 9, 2020, the Defendant had been punished for a violation of the Road Traffic Act, but around 23:20 on June 9, 2020, the Defendant driven a motor bicycle electric kickboard (the rated output of 474Wh) while under the influence of approximately 0.192% of blood alcohol concentration from the front road of Gwanak-gu in Seoul Special Metropolitan City to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (suspects' previous records and judgments), application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant drives under drinking again despite his/her past record of punishment for drunk driving, and that the defendant's blood alcohol concentration is considerably high, etc. are disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case and there is no particular personal injury due to the crime of this case, the danger of the electric kickboard, compared to motor vehicles, etc. operated by the defendant is relatively low, and there is no specific criminal punishment other than once of fine, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., after considering the circumstances after the crime, etc.