Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

1. On May 11, 2018, the Defendant driven a motor bicycle without registration at a section of approximately 100 meters registered CITI ACE 110 meters in front of a restaurant near the G market in Sungnam-si, and without a driver’s license, while under the influence of alcohol at a level of about 0.135% of alcohol level, at around 19:23, the Defendant driven a motor bicycle in front of a restaurant near the G market in Sungnam-si, and without a driver’s license.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant, as a holder of unregistered CITI ACE 110 motorcycle, operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of the ledger and photographs (17 pages of investigation records) of driver's license;

1. Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); 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 Accident Compensation Act concerning the crime;

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

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been punished four times for the same offense, such as receiving a fine of KRW 3 million for drinking without a license, driving without a license, etc. around 2016, the Defendant is not insured by mandatory insurance without a driver’s license for re-motor vehicles.