A defendant shall be punished by imprisonment for one year.

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

On February 16, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

On May 28, 2020, at around 19:00, the Defendant driven DCI 100 Obaba, which was not covered by mandatory insurance without obtaining a driver's license, in approximately 1km section from the Defendant's residence in Chungcheongnam-gun, to the farm road in C, and without obtaining a driver's license, with a blood alcohol concentration of about 0.205%.

As a result, the Defendant, while driving two or more times of drinking, was driving a motorcycle without obtaining a motorcycle driver's license, and driving a motorcycle driver's license without obtaining a mandatory insurance.

Summary of Evidence

1. The defendant's legal inquiry into the enemy's statement, the driver's license ledger, and the mandatory insurance policy;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

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 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant again committed the instant crime even though he had the same criminal record, and the traffic accident was also committed during the process.

At the time, the blood alcohol concentration of the defendant was very high by 0.205%.

Considering the fact that the defendant's mistake and reflects the defendant's mistake, all other circumstances revealed in the arguments in this case, such as the age, character and conduct, environment, circumstances after the crime, etc.