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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On July 19, 2017, the Defendant driven KR-110CC under the influence of alcohol leveling 0.228% without a bicycle driver’s license in a section of approximately 1.5km from the front of the place where the liquidation site in the Chungcheongbuk-gun is in front of the place where the liquidation site is carried out, to the road, at around 1.5km, from around July 19, 2017.
2. Although the Defendant violated the Guarantee of Automobile Compensation Act, he/she should not operate a motor vehicle on the road, he/she operated the motor vehicle without mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. A written appraisal of alcohol during blood;
1. Requesting cooperation in investigation;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);
2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act).
3. Selection of each alternative fine for punishment;
4. Articles 11 and 55 (1) 6 of the Criminal Act to mitigate deaf-mutes;
5. former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act, the aggravation of concurrent crimes;
6. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;
7. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.
8. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] of the Criminal Procedure Act for each of the instant crimes are as follows: (a) the Defendant, while under the influence of alcohol, is driving a motor vehicle with a driver’s license or mandatory insurance without a driver’s license; and (b) the nature of the instant crime is somewhat minor in light of the details