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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a two-wheeled vehicle under Article 3, subparagraph 5 of the Automobile Management Act, Article 2, subparagraph 19 of the Road Traffic Act.
It is not clear in the record as to whether a motor bicycle under the item (if the engine displacement is less than 125cc) is applicable.
In light of the applicable provisions of the indictment (Article 154 subparagraph 2 of the Road Traffic Act), the contents of examination of a police interrogation protocol, vehicle photographs, etc., it shall be judged as a motorcycle favorable to the accused.
(one person who is engaged in driving a life-free vehicle (hereinafter referred to as "one person").
1. On June 20, 2018, the Defendant driven the said 4-wheeled ATV set under the influence of alcohol content of approximately 0.249% in a section of about 100 meters from the upper corner of the “C Park” located in Pakistan to the road, without a motorcycle license, around 01:05, the Defendant driven the said 4-wheeled ATV, while under the influence of alcohol with a blood alcohol content of about 0.249% in a section of about 100 meters to the road.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an automobile without mandatory insurance, at the time and place specified in paragraph (1) as stated in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of the driving of a motor vehicle;
1. The circumstantial statement of the employee;
1. Report on the circumstances of driving without a license;
1. Application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (2) 1, 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 provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each alternative fine for punishment;
1. The Criminal Act among concurrent crimes.