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 power] On November 3, 2006, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (refluence of measurement), etc. On August 30, 2010, the same court issued a summary order of 3 million won for a violation of the Road Traffic Act (refluence) and issued a summary order of 3 million won to the same court on January 20, 2012, respectively.

【Criminal Facts】

1. On March 27, 2020, the Defendant without obtaining a license for a motorcycle (driving) and the violation of the Road Traffic Act (driving without a license) operated a 49cc X-ray flodon under the influence of alcohol 0.145% at a section of about 500 meters from the front of the Defendant’s residence located in Gongju-si B to the front of the D pharmacy located in Gongju-si, Gongju-si, the Defendant driven a 49c X-ray flodon without a license for a motorcycle.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant operated 49cc X-ray EXE which was not covered by mandatory insurance at the time, time, place, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Traffic accident report (1,2, survey report on actual condition), report on the actual state of a driver, report on the status of the driver, and investigation report (report on the status of the driver);

1. A and X-ray specifications of the car driving license ledger;

1. On-site photographs, black stuffs image materials (fafags, CDs);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes to investigation reports (verification of the same type as A of a suspect);

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 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;