A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for two years and six months from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 The Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the port branch of the Daegu District Court on December 10, 2008, and was sentenced to a suspended sentence of two years for the same crime. On August 8, 2018, the Defendant was sentenced to a fine of three million won for the same crime in the same court.

(1) On October 19, 2019, the Defendant driven a motor bicycle with no registration license number plate attached to a mandatory insurance without obtaining a motorcycle driver’s license at a section of about 200 meters from the Do near north-gu, Ma-dong, Ma-dong, Ma-dong, B, to the front road of the village hall located in the north-gu, Ma-dong, Ma-dong, and at around 18:30 on October 19, 2019.

Accordingly, the defendant driving a motorcycle not covered by mandatory insurance without a motorcycle driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. E statements;

1. Report on the occurrence of a traffic accident, report on the situation of a driver driving, report on the influence of alcohol driving, notification of the results of the control of drinking driving, photographs at each site, survey report on actual conditions, estimates, and the register of driver's

1. Investigation report (to hear and report a telephone statement from a police officer in charge);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

1. Relevant statutory driving for a crime: The point of driving without obtaining a license under Articles 148-2 (1) and 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act: Operation without obtaining a mandatory insurance policy under Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes of violation of Articles 40 and 50 of the Criminal Act ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act: Punishment to be imposed on the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;