A defendant shall be punished by imprisonment for one year.

except that 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 May 22, 2008, the Defendant was issued a summary order of KRW 1.5 million due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) in the application of the Gwangju District Court.

【Criminal Facts】

1. On June 28, 2019, the Defendant driven a 49CC motorcycle at a section of about 100 meters from the front side of C in a wooden city B to the front side of E in the same City D without a motorcycle driver’s license on June 18, 2019, while under the influence of alcohol, the blood alcohol concentration of which is 0.194%.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

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. Notification of the results of the drinking driving control, the report on the circumstantial statement of a drinking driver, the investigation report, the ledger of driver's licenses for motor vehicles, the disqualified meetings of the main office, the mandatory insurance association, and the details of revocation of driver's licenses;

1. Report on the occurrence of a traffic accident, actual condition survey report, accident site photograph, and investigation report on a traffic accident;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, 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 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Discretionary mitigation Criminal Act;