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

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

Punishment of the crime

On December 4, 2019, the Defendant was indicted by summaryly committing a violation of the Road Traffic Act (driving) in the Incheon District Court.

On January 23, 2020, at around 00:21, the Defendant driven a D-hurd motor vehicle without a driver's license, while under the influence of alcohol at approximately 500 meters from the front of the Michuhol-gu Incheon Metropolitan City B market to the front of the same Gu C, with a blood alcohol concentration of about 0.038%.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. The ledger of driver's licenses;

1. Inquiries about the management details of the master entry report;

1. Application of Acts and subordinate statutes, such as a report on investigation (report on the circumstances of an immigration driver), a report on investigation (in the course of trial, during the continuance of trial) and an indictment for oral summary indictment;

1. Relevant provisions of Article 148-2 (1), 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. A normal defendant who is disadvantageous to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is bad in the nature of committing a crime under the influence of alcohol again within a short time while he/she was charged with summary driving.

Before committing the instant crime, the Defendant had been punished for a fine twice due to unauthorized driving.

The most favorable normal blood alcohol concentration is relatively low.

When the defendant is excluded from summary indictment as stated in the judgment, there is no record of punishment exceeding the punishment or fine due to drinking driving.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.