A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 16, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in drinking), and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving in drinking), in the same court on June 12, 2017, respectively.

[Criminal facts]

1. On September 18, 2020, the Defendant driven a non-registered motor bicycle (350W powered, 3 wheeled) without obtaining a motor bicycle driver’s license, while under the influence of alcohol leveling about 0.191% from “C” through “C” in the Gwangju-si B market to the front roads of Gwangju-si, Gwangju-si, without obtaining a motor device bicycle driver’s license.

Accordingly, the Defendant driven a motor device bicycle without obtaining a driver's license, and violated the prohibition of drinking alcohol driving regulations at least twice.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act does not constitute an electrical bicycle under the Act on the Promotion of the Use of Bicycles because the Defendant, at the time, at the place specified in paragraph (1) and at the place specified in paragraph (1), a vehicle with three wheels with no mandatory insurance, is operated by the Defendant, and the vehicle is operated solely by an electric motor.

On the other hand, the above vehicle is a motor bicycle under the Road Traffic Act, but it constitutes a motor vehicle (motor-wheeled vehicle) under the Automobile Management Act and is obligated to subscribe to liability insurance, etc. under Article 5 (1) and (2) of the Guarantee of Automobile Compensation Act as it constitutes a motor vehicle (motor-wheeled vehicle) and shall not operate a motor vehicle that is not covered by mandatory insurance under Article 8 of the same Act.

A. The operation was conducted.

Summary of Evidence

1. The defendant's report on the result of regulating driving of drinking alcohol and his/her statement in the circumstances of the driver;

1. The specifications of the ledger of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Relevant provisions of the Act concerning facts constituting an offense;