A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On September 1, 2008, the Defendant was sentenced to 6 months of imprisonment with prison labor or 2 years of suspension of execution due to a violation of the Road Traffic Act (Refusal of measurement) in the Jinwon District Court’s Jinju branch on September 1, 2008. On August 17, 2010, the same court was sentenced to a fine of 3 million won due to a violation of the Road Traffic Act (driving). On January 25, 2018, the same court was issued a summary order of 2 million won due to the same crime.

【Criminal Facts】

1. On August 1, 2020, the Defendant was driving without obtaining a driver’s license from around 4 km to around 19:35, 202 at around 0.108% of blood alcohol content while under the influence of alcohol at around 0.108% without obtaining a driver’s license from around 19:35, 202.

Accordingly, the defendant driving a motor bicycle without obtaining a motor bicycle license, and driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act more than twice.

2. Although the Defendant was prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, the Defendant operated a non-registered motor vehicle without registration under the preceding paragraph at the date and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and investigation report (No. 5, 16 No. 16);

1. Registers of driver's licenses and mandatory insurance;

1. Mabiopio photographs, closure photographs and NAband map closure photographs;

1. Previouss before and after judgments: Criminal records, inquiry reports, decisions, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle), 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.