The defendant shall be exempted from punishment.

Criminal facts

On September 5, 2019, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Western District Court for special larceny, etc., and the said judgment became final and conclusive on September 17, 2019.

1. Around April 29, 2019, the Defendant driven the 124cc (number B) Obama on the 23rd road of Seongbuk-gu Seoul Westernro 33-ro, Dongdaemun-gu, Seoul, to the 1122-km road, without a motorcycle driver’s license, from the 3.6km section of Dongdaemun-gu to the 112-ro, Dongdaemun-gu, Seoul, Dongdaemun-gu, without a motorcycle driver’s license.

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

Nevertheless, the Defendant was driving the above Oral Ba which was not covered by mandatory insurance in the date, time, and section specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. A certificate of disuse of two-wheeled motor vehicle;

1. Unregistered vehicles and photographs of drivers;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act that choose a sentence, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 39 (1) of the Exempted Criminal Act (the equitableness between the crimes entered in the final judgment and the crimes entered in the final judgment shall be considered);