Defendant shall be punished by a fine of 12,000,000 won.

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

Punishment of the crime

On October 2, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Suwon District Court, and the summary order of KRW 2 million as a fine in the same court on November 19, 2014.

At around 16:50 on August 4, 2020, the Defendant operated a non-registered motor bicycle 125c.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and operated a motor vehicle which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of cases of violation of the Road Traffic Act;

1. Report, such as a circumstantial statement of a drinking driver, place of drinking alcohol measurement, and notification of the results of regulation of drinking driving;

1. Mandatory insurance policies;

1. A certificate of disuse of a two-wheeled motor vehicle, or notification to find an unregistered one;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the selection of fines;

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 of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant, who has a record of driving under drinking, drives a motorcycle for which no mandatory insurance is covered, and the nature of the crime is somewhat weak;

However, the defendant recognized the crime of this case and divided his mistake, the blood alcohol concentration due to the drinking of this case is not high, and the defendant's 2008 period of drinking driving is more than 11 years from the date of the crime of this case.