A defendant shall be punished by imprisonment for one year.

The number of seized B VF125C 1(No. 1) and 2 Oralbakiki(No. 2).

Punishment of the crime

On December 6, 2012, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on December 6, 2012, and on September 2, 2015, a fine of KRW 3 million as the same crime, etc. at the Seoul Central District Court on September 2, 2015. On April 12, 2017, the Defendant was sentenced to a suspended sentence of two years for the same crime, etc.

1. At around 02:00 on June 10, 2020, the Defendant driven a motorcycle with approximately 1km of 2VF125 motorcycle without obtaining a license for a motorcycle driver while under the influence of alcohol with a blood alcohol concentration of 0.187% from the nearby roads of Seongdong-gu Seoul Metropolitan Government to the neighboring roads of the same Gu.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on which no mandatory insurance has been subscribed;

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance held by himself at the date, time, and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Control note of the E’s circumstantial statement;

1. Making inquiries into the register of driver's licenses, and mandatory insurance;

1. Subparagraph 1 of the seized evidence;

1. Application of statutes, such as a copy of summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;