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 February 28, 2019, the defendant was sentenced to suspension of indictment on the condition of entrusting the guidance to a probation office due to the violation of the Road Traffic Act at the seat of the Daegu District Prosecutors' Office.

On November 6, 2019, at around 04:10, the Defendant driven an unregistered motor vehicle (less than 125cc) on the front side of the “C” in Ansan-si B, while under the influence of alcohol of 0.138%, from around 5km to the front side of D in the same city, without a motorcycle driver’s license.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report (including photographs), the actual condition report of the driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (report attached to the decision not to prosecute, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

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 order of provisional payment is that the defendant was already subject to a disposition of suspension of indictment for a drunk driving, and thus repeating the crime of this case as long as one year has not passed since the defendant had already been subject to a disposition of suspension of indictment, the number of blood alcohol concentration in this case, the defendant's age, character and behavior, environment, motive for the crime, and all the conditions of sentencing as shown in the argument