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

[Criminal Power] On June 21, 201, the Defendant was issued a summary order of KRW 1 million at the Busan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 26, 2019, at around 21:45, the Defendant driven a D motorcycle under the influence of alcohol leveling 0.108% of alcohol level without a motorcycle driver’s license from around 200 meters from the front line of the trade in the Busan Jin-gu, Busan to the front line in the same Gu C.

Accordingly, the defendant, while driving a motorcycle without a motorcycle driver's license, violated the Article 44 (1) of the Road Traffic Act which prohibits a drunk driver's license at least twice.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Entry in the report on the actual state of the driver;

1. Entry in the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes in which references to criminal records and investigation reports (attached to a summary order);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

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 provisional payment order is considerably high to 0.108% of the Defendant’s blood alcohol concentration at the time of the instant case. However, the Defendant confessions and reflects the Defendant’s crime, the Defendant’s act of not repeating the crime while selling the instant motorcycle, and the Defendant has been punished three times of fines, but the records of punishment for the same crime as the instant case are only one time.