A defendant shall be punished by imprisonment for a term of one year and three months.

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

On April 24, 2014, the Defendant was issued a summary order of KRW 1 million by a fine of KRW 1 million due to a violation of the Road Traffic Act, etc. in the Gwangju District Court’s Netcheon Branch on April 24, 2014, and a fine of KRW 4 million by the same court on December 30, 2014.

1. On July 18, 2020, the Defendant driven a non-registered motor vehicle under the influence of alcohol level of about 0.107% from the 100m section to the e-cafeteria in D from the cart in front of the Cart located in Goung-gun, Goung-gun without obtaining a driver’s license for motor device at around 11:00 on July 11, 2020.

As a result, the Defendant again driven a motorcycle while under the influence of alcohol as a person who has violated the prohibition of drunk driving more than once.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said motorcycle which was not covered by mandatory insurance at the same time and place as stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses (A) - Revocation of licenses;

1. Mandatory insurance policy - Not to have been subscribed;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. There is no record of crimes exceeding the conditions and fines set forth in the preceding paragraph of Article 62 of the Criminal Act;