Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] On November 28, 2018, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 9, 2020, the Defendant, without obtaining a motorcycle driver’s license at around 22:30 on July 22, 2020, driven DCA 110 Oba in a section of about 300 meters from the front day of the GLL, to the CL, while under the influence of alcohol by 0.243%.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice, and at the same time, he driven the above motorcycle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and table of 112 reported cases;

1. Report on the state of driving under the influence of alcohol, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (a summary order attached to a suspect's drinking driving record, etc.);

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. 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant already committed the instant crime even though he had the record of criminal punishment due to drinking and driving without a license, and that the blood alcohol concentration is very high is disadvantageous to the Defendant.

However, it is against the defendant's recognition of the crime of this case, and the defendant's age, character, conduct and environment, motive, means and result of the crime, etc. shall be determined as ordered in consideration of the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime.