Defendant shall be punished by a fine of KRW 13,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Punishment of the crime

On May 17, 2020, at around 01:15, the Defendant revised the facts charged to the extent that it does not interfere with the Defendant’s exercise of right to defense about 5 meters from the front of convenience stores in Dongjak-gu Seoul Metropolitan Government to the right to defense of the said B apartment parking lot without obtaining a driver’s license.

In the section, the C Kaman vehicle was driven in the section.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Partial statement of the defendant;

1. Each investigation report on a driver's license registry of notification of the results of the control of drinking and driving by D;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records, summary orders and copies of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), 44 (1) of the Road Traffic Act, and Articles 152 (1) and 43 of the Road Traffic Act concerning criminal facts;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Since the place where the alleged defendant driven does not correspond to the "road" under the Road Traffic Act, the crime of violating the Road Traffic Act is not established.

2. Determination

A. Article 43 of the Road Traffic Act provides that “No person shall drive a motor vehicle without obtaining a driver’s license from the commissioner of a district police agency or when the validity of a driver’s license is suspended pursuant to Article 80,” and is punished in cases of violation.

(Article 152 subparagraph 1 of the Road Traffic Act). Article 2 subparagraph 1 of the Road Traffic Act "Road" means roads under the Road Act (a) (b)), toll roads under the Toll Road Act (b)), rural roads under the Act on the Maintenance and Improvement of Road in Agricultural and Fishing Villages (c) and other roads.