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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. Around 02:45 August 25, 2019, the Defendant: (a) driven a motor vehicle under the influence of alcohol without a motorcycle driver’s license with a blood alcohol concentration of about 0.184% from the section of approximately 1km from C in Yang-si B to D in front of the road.
2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, even though the owner of the motor vehicle, the defendant has driven the tephere motor vehicle which is not covered by mandatory insurance at the time and place referred to in paragraph (1);
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of a traffic accident;
1. The actual condition survey report;
1. An accident site photograph;
1. Registers of driver's licenses;
1. Statement on the circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Application of Acts and subordinate statutes to a report on detection of a host driver;
1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Punishment for a violation of Article 40 or 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, punishment for the crimes under the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (the punishment for the crimes of violating the Road Traffic Act and the provisions of the Guarantee of Automobile Accident Compensation Act which are heavier between the crimes and the crimes of violating the Road Traffic Act);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Scope of statutory penalty for sentencing under Article 334(1) of the Criminal Procedure Act - Violation of the Road Traffic Act: From one year to two years.