A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On August 17, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (unlicensed Driving) in the Hongsung Branch of the Daejeon District Court. On May 13, 2010, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the subsidies of the Jeonju District Court, and on July 7, 2011, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving). On July 15, 2011, the period of the suspended sentence became final and conclusive on July 15, 2011, and the parole was invalidated on April 30, 2012 during the execution of the sentence in the Changju District Court.

【Criminal Facts】

1. On July 31, 2014, the Defendant, without obtaining a motorcycle driver’s license on July 21, 2014, driven a 125cc-free diab in the state of alcohol with a blood alcohol concentration of about 0.221% at the section of approximately 1km from the Do in front of the new East-si, Sinsan-si, Pacific (Seoul-dong), from the Do in front of the Gunsan-si, Pacific (Seoul-dong).

2. No motor vehicle which is not covered by mandatory insurance shall be operated on a road;

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The driver's license ledger;

1. Contract information;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (report accompanied by a copy of the judgment), and personal identification and confinement status;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Imprisonment with prison labor for each choice of punishment;