Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on January 19, 2017 by the Jeju District Court on January 11, 201, for a crime of violating the Road Traffic Act (dacting driving), and the probation period becomes final and conclusive on January 19, 2017.

[2] On February 2, 2017, the Defendant driving a D Poter vehicle from around 500 meters to around 135 in South Seopo-si, Seopo-si without obtaining a driver’s license for a motor vehicle on February 2, 2017 to Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Judgment on the Claim for Emergency Escape] The defendant and defense counsel asserted that the illegality of the crime of this case is excluded by the Emergency Evacuation, since the defendant and defense counsel had been driving to bring the defendant's children to the hospital rapidly at the time of this case.

Article 22(1) of the Criminal Code refers to an act of considerable reason to avoid the present danger to his or other person’s legal interests. Here, “an act of considerable reason” refers to an act of necessity: First, an act of necessity must be the only means to protect the legal interests in danger; second, a method of causing the largest minor damage to the victim; third, a profit preserved by an act of necessity should be more superior to the profit that is infringed upon; fourth, an act of necessity must be appropriate means in light of social ethics or the overall spirit of legal order (see Supreme Court Decision 2005Do9396, Apr. 13, 2006). According to the witness E’s legal statement, family relation certificate, and a copy of medical record, according to the F (G)’s external statement of the defendant, the defendant’s external child, F (G) certificate, this year 1, 2011.