A defendant shall be punished by imprisonment for one year.

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 history] The Defendant was issued a summary order of a fine of KRW 5 million at the Seoul Central District Court on May 29, 2018 for a violation of road traffic law (driving), and is a person with three times of driving alcohol.

[Criminal facts]

1. On September 10, 2020, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) operated Ed Ed EVO 125CC bicycle from the road near the bank located in Gwanak-gu in Seoul Special Metropolitan City to D, under the influence of alcohol content of 0.245%, without obtaining a license for a motor device bicycle on September 10, 202.

As a result, the Defendant violated the prohibition of drinking at least twice, and operated a motor bicycle without obtaining a motor device bicycle license.

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

Nevertheless, the Defendant operated the ED EVO 125CC motor bicycle that was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Investigation report of mandatory insurance into the ledger of driver's licenses (report on the situation of the driver's license in the main place) by the defendant's legal statement and the notification of the results of regulating the driver's license of the motor vehicle;

1. Previous conviction: Application of Acts and subordinate statutes of each summary order, such as a written reply to inquiry, investigation report (Attachment to the summary order, etc. of the same kind of power), and criminal history;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 15371 of Jun. 9, 202), Article 46(2)2 of the Guarantee of Automobile Compensation Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Compensation

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;