Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On October 4, 2016, at around 08:06, the Defendant driven the C-wheeled Vehicle without obtaining a driver's license in a section of about 800 meters from the Gwangjin-gu Seoul Special Metropolitan City to the front road.

Summary of Evidence

1. A protocol of partial police interrogation of the accused (including field photographs);

1. Statement made to D by the police;

1. Registers of driver's licenses;

1. A letter of payments of automobile insurance money;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article of the Criminal Act and Articles 154 subparagraph 2 and 43 of the Road Traffic Act, the choice of fines for the crime, and the selection of fines;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant is only a fact between the two-wheeled vehicle with three-wheeled vehicle that does not walk the starting (hereinafter “the instant two-wheeled vehicle”) due to the breakdown, and thus, the crime of violation of the Road Traffic Act (free license) premised on driving is not established.

2. Determination

(a) Pedestrians shall always pass along sidewalks on the roads which are divided into sidewalks and roadways (main sentence of Article 8 (1) of the Road Traffic Act), and drivers of motor vehicles and riders of horses shall pass along the roadway on the roads which are divided into sidewalks and roadways;

Article 13 (1) of the Road Traffic Act provides that "driving" of Article 2 (26) of the Road Traffic Act means using a vehicle on the road in accordance with its original use, while Article 2 (1) 18 of the Road Traffic Act provides that "motor vehicle" means a vehicle driven by a motor without using a railroad or a installed line. Thus, it is required to use a motor vehicle in accordance with its original use, i.e., the operation of a motor vehicle.

(See Supreme Court Decision 98Da30834 delivered on November 12, 1999). B.

The defendant, like the defendant's assertion.