A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On November 16, 2018, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch.

[Criminal facts] On August 18, 2020, the Defendant driven an off-to-land with no number plate attached to mandatory insurance within approximately 800 meters from the Busan Suwon-gu B to the front of the “C” while under the influence of 0.182% alcohol level without a bicycle bicycle driver’s license from around 00:0 on August 18, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a statement report on the circumstances of the driver at home, an investigation report (report on the circumstances of the driver at home), and the driver's license register;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply), Article 154 Subparag. 2 and 43 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (amended by Act No. 17371 of Jun. 9, 202);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing has repeated consideration) is that the crime of this case driving a bicycle without a mandatory insurance policy from the drinking condition to the point that the nature of the crime is not less than that of driving a bicycle without a license, and that the defendant has the same criminal record, and that the degree of the punishment is very high.

However, it is against the fact that the defendant recognizes the facts charged, the defendant's driving is dangerous rather than the motor vehicle.