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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1) On September 29, 2012, around 14:42, 2012, the Defendant driven approximately 1 kilometer from the new forest 3-dong, Gwanak-gu, Seoul Special Metropolitan City, to the roads of approximately 646-49 on the same new forest 3-dong, with a blood alcohol concentration of 0.206%. (2) The Defendant driven the above 49CC 1-dong, without a bicycle driver’s license, up to the date and place set forth in the above 1-dong, the Defendant driven the bicycle 49CC oba without a motor driver’s license. (3) No person is allowed to operate a vehicle on the road on which no mandatory insurance has been subscribed.
The Defendant, in the state of non-insurance, operated the above Oral Ba even at the time and place of the above paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Entry in the circumstantial statement report of a host driver;
1. Descriptions of a report on detection of a host driver;
1. (1) Application of the Acts and subordinate statutes to the traffic accident report;
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 54 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operation without being covered by insurance);
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. 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 prescribed for a violation of the Road Traffic Act heavier than the punishment);
1. Discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 2
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;