A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On January 19, 2016, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court on the grounds of a violation of the Road Traffic Act (drinking). On July 4, 2019, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months for a violation of the Road Traffic Act (drinking).

[Criminal facts]

1. On October 8, 2020, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) driving a motor device bicycle at around 14:00 on the road in which it is difficult to identify the trade name in the Gwangju North-gu B market in the state of alcohol level of 0.164% while under the influence of alcohol level of around 14:00, the Defendant driven a motor vehicle at approximately 125cc c c ob in the direction of approximately 100 meters from the front side of the road in Gwangju North-gu B market to the lower parking lot in the same Gu.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act more than twice, and operated a motor device bicycle without obtaining a driver's license.

2. On October 8, 2020, the Defendant violated the Guarantee of Automobile Compensation for Damages, operated Maz. 125cc, which was not covered by mandatory insurance at approximately 100 meters section from the front to the lower E parking lot located in the same Gu, on the road in Gwangju North-gu, Gwangju-gu, without identifying the trade names in the B market around 14:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the analysis of CCTV images by a permanent vice head) and investigation report (the confirmation of the exhaust displacement by the motor vehicle operated by the motor vehicle);

1. Notification of the results of crackdown on driving drinking, and inquiry of the results of crackdown on driving drinking (Evidence No. 13);

1. Inquiry into mandatory insurance;

1. Scenic photographs;

1. Previous convictions: References to inquiries, such as criminal history, summary order, and application of the text of the judgment;

1. Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020; hereinafter “former Road Traffic Act”) on criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 154 subparag. 2, and 43 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020).