However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

[criminal history] On March 2, 2007, the Defendant was issued a summary order of a fine of one million won or more due to a violation of road traffic laws at the Seoul Eastern District Court, and on October 23, 2015, a fine of three million won or more due to a violation of road traffic laws at the Busan East East District Court's branch branch court.

[Criminal facts]

1. On December 07, 2017, the Defendant, at around 05:05, driven a Vone Star (100c) bicycle without registration, at approximately 50 meters section of alcohol level from the road front of the main station of the Nowon-gu Busan, Busan, to the road front of the "Yandong" located in the Busan, Jin-gu, Busan, in writing, for about 30 meters, to the road front of the "Yan-gu, Busan," a 0.158% alcohol level during blood.

As a result, the Defendant had been punished for driving under drinking more than twice but has driven a motor vehicle under the influence of alcohol again.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the motor bicycle on the road, which is not covered by mandatory insurance at the time and place mentioned in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of an unqualified motor vehicle;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Confirmation of a suspect's driving record at least twice in drinking)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that community service and lecture attendance order reflects the reasons for sentencing Article 62-2 of the Criminal Act, and the same crime is committed.