The punishment of a defendant shall be two years of imprisonment with prison labor and a fine of thirty million won.

If a fine is to be paid, it shall be in a workhouse for three days.

Punishment of the crime

On April 22, 2011, the Defendant received a summary order of a fine of KRW 3 million from the Jeonju District Court due to a crime of violating the Road Traffic Act.

1. On July 12, 2020, the Defendant was under the influence of alcohol level of about 0.13% in the section of about 10 meters in front of the “C main store” located in North west-gun B before around July 16:20, 202, and operated a FCA 110B bicycle without obtaining a bicycle driver’s license.

The Defendant violated the prohibition regulations on drinking at least twice and simultaneously drive without a license.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated the same motor bicycle not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Investigation report (verification of previous records);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1), Article 44 (1), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Recognition of errors in the determination of punishment under Article 334(1) of the Criminal Procedure Act in the provisional payment order;

There are five penalties of fine and one suspended sentence.

Since there are several times of punishment due to drinking and non-licensed driving, it seems that the same crime is repeated.

The defendant's age, living environment, etc. shall be taken into consideration.