A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On November 26, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Daejeon District Court’s Incheon District Court’s Branch on November 26, 201, and a summary order of KRW 2 million for the same crime at the same court on November 22, 2010.

【Criminal Facts】

1. Around 23:00 on August 5, 2019, the Defendant: (a) driven a DNA EVO motorcycle in the state of alcohol with a blood alcohol concentration of about 0.177% from the 2km section of approximately 2km from the west-gu B apartment in Seoan-gu, Seoan-si to the front road of the same Gu C.

Accordingly, the defendant was driven under drinking not less than twice.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of DNA EVO motorcycle bicycle.

No automobile owner shall operate an automobile on the road on which no mandatory insurance has been subscribed.

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, actual condition survey report, scene photographs, and report processing table for 112 reported cases;

1. Registers of driver's licenses, car4 and mandatory insurance;

1. Notification of the results of the drinking driving control, the ledger of use of a drinking measuring instrument, and the notice of correction;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same criminal records), and application of Acts and subordinate statutes of four copies of summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (Appointment of Each Imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture, the reason for sentencing Article 62-2 of the Criminal Act recognizes the defendant's errors and reflects all of them, and the defendant has been punished several times due to the same crime.