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

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 July 16, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, and a summary order of KRW 4 million for the same crime from the same support on December 9, 2016.

【Criminal Facts】

1. On June 6, 2020, the Defendant driven a large-scale CA100 obane while under the influence of alcohol by 0.168% of alcohol level without obtaining a motorcycle driver's license from the front side of the original city B to the front side of the said city C at approximately 3.2km from around 22:20 on June 6, 2020.

As a result, the defendant, even though he had a history of punishment for drunk driving, has driven a motor vehicle while driving a motor vehicle in a drunken state without obtaining a motorcycle driver's license.

2. The defendant who has violated the Guarantee of Automobile Accident Compensation Act shall not operate an automobile which is a holder of large CA100 Oral Ba, and which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, the ledger of driver's licenses notified as a result of the control of drinking driving, and the certificate of disuse;

1. Criminal records, investigation reports (verification of suspect's records of driving under the same influence of alcohol), application of written rulings and statutes;

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 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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 of the Criminal Act for discretionary mitigation.