A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Criminal facts

On July 21, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for a crime of violation of the Road Traffic Act. On November 21, 2018, the Defendant was issued a summary order of KRW 5 million by the same court as the same crime.

Criminal facts

1. Around 06:32 on August 16, 2020, the Defendant driven a balb while under the influence of alcohol with a blood alcohol concentration of 0.04% 0.04%, at the section of about 5km from Gangdong-gu Seoul Metropolitan Government to the inciting the Hanam-si, Gangdong-gu.

2. No two-wheeled motor vehicle, other than emergency motor vehicles violating the Road Traffic Act, shall pass along the motorway; and

Nevertheless, the defendant passed the 88 Olympic Games, which is a motorway for which the passage of two-wheeled motor vehicles is not allowed, from the entrance of the 88th Bridge to the IC.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of crackdown on drinking driving;

1. A report on the actual state of the driver;

1. Control note;

1. Reporting on detection;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1), 154 (6), and 63 of the Road Traffic Act, which provide for the choice of punishment, shall apply to the punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Mitigation of volume (violation of the Road Traffic Act for a violation of the provisions of the Road Traffic Act) under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (Crimes of Violating the Road Traffic Act of Drinking Driving) of the suspended execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. 가납명령 형사소송법 제334조 제1항 양형의 이유 ◎ 불리한 정상 ; 피고인이 2017. 7. 21. 원동기장치자전거를 음주운전 혈중알코올농도 0...