Text
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is a driver of 50cc cents without numbers.
Defendant,
1. On November 16, 2012, at around 10:00, the driver’s license of the Defendant’s house located in the Jeonnam-gun, Chungcheongnam-gun, with a section of approximately 1.5 kilometers from the front day of the house to the front day of the winger, which is located in the same fluence Ri, without a motorcycle driver’s license;
2. On the same day, at around 12:20, the driver's license is driven without a motorcycle driver's license, while under the influence of alcohol with a blood alcohol concentration of 0.292 percent from the front road of a forest station located in the furnalg of the Yaeung-gun, Chungcheongnam-gun, Seoul, to the front road of a forest village located in the same Ri;
3. The above Oral Ba, which was not covered by mandatory insurance at each date, time, and place described in paragraphs 1 and 2, was operated.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes listed in the table for appraisal request, report on detection of drivers, the ledger of driver's licenses, and mandatory insurance, respectively;
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act (the point of driving without a license for each motorcycle), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Formal concurrence (the crimes committed between violations of the Road Traffic Act referred to in paragraph (2) and the punishment imposed on the crimes of violation of the Road Traffic Act due to a more serious punishment) Articles 40 and 50 of the Criminal Act;
1. Selection of each alternative fine for punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant does not have mandatory insurance without a license.