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

On July 14, 2006, the Defendant got a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Busan District Court’s Dong Branch. However, on November 28, 2019, the Defendant driven an E 124CC under the influence of alcohol content 0.116% while under the influence of alcohol without obtaining a motorcycle driver’s license from around 13:47 on November 28, 2019 to the roads adjacent to the Busan District Court’s B market, and in front of the oil station located in the same military C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting the crime (the point of a driving without a license for soil and sand);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 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 sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the instant crime, taking full account of the contents and nature of the instant crime, drinking water of the Defendant, driving distance, the criminal record of the Defendant, and other various factors of sentencing as indicated in the record, including the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and method of the crime, contents and consequence, etc., the sentence as ordered.