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 July 7, 2006, the Defendant was issued a summary order of KRW 1.5 million by a fine for the same crime, etc. in the Seosan Branch of the Daejeon District Court on July 7, 2006, as well as KRW 3 million by the same court on June 28, 2019.

On October 5, 2020, the Defendant, without obtaining a motor device bicycle license, driven a DVL125 motor bicycle not covered by mandatory insurance at approximately 6km section from the front of the community hall located in Seosan City B to the front of Seosan City, in the state of alcohol concentration of 0.110% among the blood transfusion around 15:20.

As a result, the Defendant violated the prohibition of drinking at least twice, and operated a motor bicycle without obtaining a motor device bicycle license, and operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same paper) and statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (referred to as "driving of alcohol"), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (referred to as "non-licensed driving"), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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. The punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing, including the defendant's records of the same crime, degree of drinking, driving circumstances, distance, etc., the age, sex, environment, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act