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 became final and conclusive.

Punishment of the crime

[Criminal Power] The Defendant, at the Changwon District Court on April 27, 2017, received a fine of three million won due to a violation of the Road Traffic Act (driving) in the Jinwon District Court on April 27, 2017, has the criminal records subject to punishment for drinking driving.

【Criminal Facts】

1. Around 18:30 on June 8, 2020, the Defendant driven a D Dae-gu 100cc camb, under the influence of alcohol concentration of about 0.046% without obtaining a driver’s license, from the front day of the Defendant’s house located in the Gyeong-gun, Busan-gun, Busan-gun, to the front day of the Gyeong-gun, Busan-do., the Defendant driven a D Dae-do 100cc camb, under the influence of alcohol concentration of about 300 meters.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time driving a motorcycle without obtaining a driver's license.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

Nevertheless, the Defendant, at the same time and place as the above Paragraph 1, was driving the D Alternative Forest City 100cc Oral Ba, which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement and investigation report of a host driver (No. 6, 17 No. 17);

1. The register of driver's licenses, response to requests for blood collection appraisal, blood alcohol appraisal, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;