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

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

Punishment of the crime

On September 5, 2003, the Defendant received a summary order of a fine of one million won or more for a crime of violating road traffic laws (drinking driving) at the Seoul Western District Court, and on September 11, 2009, a summary order of one million won or more for the same crime at the Seoul Western District Court.

On September 20, 2020, the Defendant driven the FCA 110 engine engine bicycle under the influence of alcohol concentration of approximately 0.043% from the front of the restaurant in the Gu C in Ansan-si around 22:31, 2020 to the front of the E-distance in the same Gu.

Accordingly, the Defendant was driving in violation of the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse;

1. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. The defendant, who was sentenced to a sentence, once again driven alcohol while he had a history of fine twice due to drinking.

However, it is recognized that drinking driving power is wrong, and there is no record of imposition of high-amount fine as before 10 years, driving a motor bicycle, which is less dangerous for others than a motor vehicle, drinking value is lower than 0.043%, it is difficult for a basic living recipient to economic situation, and other various sentencing conditions shall be determined as ordered by the order.