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

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

Punishment of the crime

[Power of crime] On October 4, 2004, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court on September 21, 2009, a summary order of KRW 1.5 million as a fine for the same crime in the same court on September 21, 2009, and a summary order of KRW 5 million as a fine in the same court on February 12, 2014, respectively.

[Criminal facts] The Defendant is a holder of Skylblu 124CC.

1. On August 18, 2020, the Defendant was driving the lebane, without a motor device license, on the part of about 30 meters, from the road front of the C cafeteria located in Busan-gu, Busan-do to the front of the E cafeteria located in the same Gu, and without a motor device license, on the part of about 0.276% alcohol concentration in blood.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road 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. Statement by the defendant in court;

1. Report on the driver's license ledger and internal investigation;

1. A report on the situation of the driving of the State and a written appraisal by the National Scientific Investigation Institute;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (a total of three criminal suspects' judgments attached to driving force under the same Act and subordinate statutes);

1. Article 148-2 (1), Article 44 (1) (the point of drinking), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation;