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 of the final judgment.

Punishment of the crime

[Criminal Power] On March 13, 2018, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seocho District Court’s territorial branch on March 13, 2018, and on October 10, 2018, the same court was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. On November 05, 2018, the Defendant driven a motorcycle 72c bicycle on the 1km section of approximately 0.124% of blood alcohol level, while under the influence of alcohol level, from the road near a public cemetery located in the Jinsung-gun of Gangwon-do to the front road located in Gangwon-gun of Gangwon-do, at around 12:05, the Defendant driven a motorcycle under the influence of alcohol level of about 0.124%.

Accordingly, the defendant, who has violated the prohibition of drinking driving more than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and driving a motorcycle without permission.

2. The defendant who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on the road unless he/she has subscribed to mandatory insurance;

Nevertheless, the Defendant did not purchase mandatory insurance, but operated a two-wheeled automobile for the same purpose as described in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Recording photographs of suspect driving, report on the circumstances of the driver’s oral statement, investigation report, notification on the results of the control of drinking driving, notification on the results of the control of drinking drivers, report on 112 reported cases, and the register of driver’s licenses; and

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (verification of the fact, etc. during the period of suspension of execution of sentence) and statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 154 subparag. 2 and Article 154 of the Road Traffic Act for criminal facts.