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A defendant shall be punished by imprisonment for a year and a fine of KRW 300,000.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
On November 9, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspension of execution for a violation of the Road Traffic Act, etc., and on May 11, 2018, the Seoul Eastern District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving), and on May 16, 2019, the Defendant was sentenced to a summary order of KRW 8 million for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court.
1. The defendant is a person who drives a WW125 motorcycle in violation of the Road Traffic Act and the Road Traffic Act (driving without a license);
On September 28, 2019, the Defendant driven the said motorcycle without obtaining a motorcycle driver’s license from the D University located in Seongdong-gu Seoul Metropolitan Government to the 113 Hannam-gu Kambro, Gangnam-gu, 113 Hannam-gu, in a state of alcohol alcohol concentration of 0.078%.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, once again driven the above motorcycle while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.
2. No driver of any motor vehicle or horse, other than motor vehicles violating the Road Traffic Act, or any pedestrian shall drive on or cross any expressway, etc.;
Nevertheless, the Defendant operated the said two-wheeled vehicle in the Olympic Games, which is a motorway for which the passage of the two-wheeled vehicle is prohibited, from the access road to the name of Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul”) to the access road to the Hannam-dong Hannam-dong (hereinafter referred to as the “Seoul High School”).
Summary of Evidence
1. Defendant's legal statement;
1. Notice of the results of drinking control and pulmonary measurement records;
1. The ledger of driver's licenses;
1. Previous records of judgment: Criminal records, inquiry reports (A), three copies of summary orders, and application of Acts and subordinate statutes of one written judgment;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime (the point of a sound driving) and Article 154 of the Road Traffic Act; and