Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On May 19, 2018, at around 21:40, the Defendant driven a 100c del de detepia with no number plate in the state of alcohol 0.128% while under the influence of alcohol 0.128% in front of “C points” in Busan Northern-gu B.

2. No person shall operate any motor vehicle, other than those prescribed by Presidential Decree, on a road which is not mandatory insurance;

Nevertheless, the Defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place of the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the statement of the situation of a drinking driver, investigation report, investigation report, inquiry into the results of the regulation of drinking driving, the report on the status of drinking driving, and investigation report (on the field investigation of a drinking driver);

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 15530, Mar. 27, 201); the choice of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act with heavier punishment);

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, despite having been sentenced to a fine on two occasions or more under the influence of alcohol (the recent crime before drinking driving is 2016), considering the fact that the statutory penalty of the criminal act in the judgment is a fine of three million won or more, and does not seem to have any reason to sentence the defendant less than the statutory penalty, and according to the investigation records, the defendant appears to have been trying to drive Oba in the judgment of his own choice.