A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On October 27, 2015, the Defendant was issued a summary order of KRW 1,50,000,000 for a fine for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on October 27, 2015, and a summary order of KRW 2 million for the same crime in the same court on April 17, 2018.

[Criminal facts]

1. On November 10, 2020, the Defendant driven a E-Poter truck under the influence of alcohol leveling 0.110% without a driver’s license from the parking lot located in Heung-gun, Goung-gun, Seoul, to the day before the end of D in the same group C, while driving the E-Poter truck under the influence of alcohol leveling 0.110% without a driver’s license.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. A person who violates the Guarantee of Automobile Compensation Insurance Act is prohibited from operating a motor vehicle on the road which is not covered by mandatory insurance, but the Defendant operated the said cargo vehicle without mandatory insurance at the date and time and place set forth in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into mandatory insurance and the ledger of driver's licenses into the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Article 148-2(1), Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), Article 46(2)2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (the operation of an automobile with no mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor;

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. The reason for sentencing of Article 62(1) of the Criminal Act is that the defendant has the same criminal records as drinking and unlicensed driving.