A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment 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 July 10, 2014, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (dacting driving) at the Incheon District Court’s Vice-Support.

[Criminal facts]

1. On September 6, 2020, the Defendant: (a) operated a bicycle under the influence of alcohol 0.180% alcohol while under the influence of alcohol 0.180%, without obtaining a driver’s license, from the road front of the C in Kimpo-si, Kimpo-si, Kimpo-si; (b) around 15:40 on September 15:40, 202, the Defendant was driving a bicycle under the influence of 50c motor in the state of under the influence of alcohol 0.180%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, and simultaneously driven a bicycle without obtaining a motor device bicycle driver's license.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the motor bicycle that is not covered by mandatory insurance at the same time and place.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver's driver who makes a statement, the driver's license register of the motor vehicle which is inquired of the result of crackdown on drinking driving;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of punishment for drinking driving) statute;

1. Article 148-2 (1), Article 44 (1) (Drinking) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.