A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal power] On June 28, 2013, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's Changwon District Court's branch on June 28, 2013. On April 9, 2014, the same court was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving). On May 18, 2016, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On September 18, 2019, at around 08:55, the Defendant, who violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) as seen above, driven an EBEAVV 125 motorcycle under the influence of alcohol while under the influence of alcohol without obtaining a motorcycle driver’s license from the front side of convenience stores located in Yong-gun, Chungcheongnam-gun, Seoul, and around 1km to the front side of D village, the Defendant driven the EBEAV 125 motorcycle under the influence of alcohol while under the influence of alcohol without obtaining a motorcycle driver’s license.

2. The accused who has violated the Guarantee of Automobile Accident Compensation Act shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles as the holder of the above motorcycle;

Nevertheless, the Defendant operated a motor vehicle that was not covered by mandatory insurance at the same time and place as above on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Commercial concurrence;