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 November 8, 2006, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court due to the crime of violation of the Road Traffic Act.

1. On October 11, 2019, the Defendant driven a Fmotor vehicle without obtaining a motorcycle driver’s license from the front road of the C factory located in Daegu Northern-gu, Daegu-gu, to the front road of the same Gu from around 2km section of approximately 0.131% of blood alcohol concentration, from around 11, 2019, while under the influence of alcohol, the Defendant driven the Fmotor vehicle without obtaining a motorcycle driver’s license.

As a result, the defendant violated the prohibition of drinking driving more than twice, and simultaneously drives a motorcycle without obtaining a motorcycle driver's license.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on which no mandatory insurance has been subscribed;

Nevertheless, the Defendant operated the motor bicycle stated in the above Paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. License register;

1. Mandatory insurance policy;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (verification of re-offending of a suspect's drunk driving);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of driving under influence on not less than twice), Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act for the aggravation of concurrent crimes;