Of the facts charged in this case, violation of the Guarantee of Automobile Accident Compensation Act.

1. Around 08:40 on May 4, 2012, the Defendant was under the influence of alcohol of 0.170% by blood alcohol concentration, and the Defendant was driving a two-wheeled vehicle (large Automobile olco 100, ATV) with no number from the vicinity of the Cheongcheon-dong Office located in the Cheongcheon-dong 48, Bupyeong-gu, Incheon to the front road of the computer sloping-dong 169-3, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a private-wheeled photo, a bus photograph, a suspect's photograph, on-site photograph, and a survey report on actual condition;

1. Report on detection of the driver, report on the circumstances of the driver, and investigation report (demark);

1. Application of the Act and subordinate statutes to the Investigation Report (Written Statements);

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. The portion not guilty (the summary of the facts charged) under Article 59 (1) of the Criminal Act (the punishment under which the sentence is suspended considering the fact that the health of the accused is not very good, etc.); the portion not guilty (the summary of the facts charged) of the suspended sentence;

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on the road, which is a holder of a two-wheeled motor vehicle with no number of 100 cc or more without mandatory insurance.

Nevertheless, at around 08:40 on May 4, 2012, the Defendant operated a two-wheeled vehicle with no number of 100cc that was not mandatory insurance at approximately 1km section from the vicinity of the office of Cheongcheon-dong, Incheon, Seocheon-dong, to the front road of the computer sloping-dong 169-3, Bupyeong-gu, Incheon.

[Judgment] However, according to the proviso of Article 98-2 (1) of the Enforcement Rule of the Automobile Management Act, a two-wheeled automobile, among two-wheeled automobiles manufactured for the main purpose of use on mountain booms or non-scambing roads, which are determined and publicly announced by the Minister of Land, Transport