A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On June 23, 2016, the Defendant received a summary order of KRW 2 million from the Changwon District Court for the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On December 31, 2019, the Defendant, as a person who had the record of violating the duty of prohibition of driving under the influence of alcohol as above, driven a motorcycle driver under the influence of alcohol of approximately 0.150% of alcohol level 0.150% of alcohol level without obtaining a motorcycle driver’s license on the section of approximately 700 meters from the road front of the parking lot C located in Chang Chang-gun, Chungcheongnam-gun, Seoul to the road adjacent to the e station in D, and driven a motorcycle driver’s license on December 31, 2019.

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 on the road which is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

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, subparagraph 1 of Article 152 and 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 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and order to provide community service or to attend lectures;