A defendant shall be punished by imprisonment for one year.

except that 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 November 15, 2013, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court in Goyang Branch on November 15, 2013.

1. On September 24, 2020, the Defendant driven a motorcycle under the influence of alcohol on the part of the Defendant on September 21, 2020, without obtaining a motorcycle driver’s license, from 100th to 1.5 km of the luminous B, the 49c bicycle without a number plate from the 100th to the front road.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act more than twice, and simultaneously drive a motorcycle without obtaining a driver's license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, as the owner of the above motorcycle, operated the above unregistered motorcycle which was not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, register of driver's license, investigation report (reference to vehicle, confirmation of police officers in charge of mandatory insurance, etc.); and

1. Images of on-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes described in criminal records, reply reports, investigation reports, and investigation reports;

1. Relevant provisions of Article 148-2(1), Article 44(1) of the Road Traffic Act, Article 154 subparag. 2, and Article 43 of the Road Traffic Act, Article 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act (the operation of vehicles which are not mandatory insurance) concerning criminal facts are heavier between the crimes of violation of each Road Traffic Act due to non-licensed driving and drunk driving, and punishment.