A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On November 18, 2009, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) with the support of the Daejeon District Court on November 18, 2009, and on April 12, 2017, the same court was sentenced to a fine of five million won for a violation of the Road Traffic Act (refluence of the measurement) in the same court.

1. Around 13:00 on December 7, 2019, the Defendant driven a motorcycle with DVL125 Z while under the influence of alcohol by 0.05% without obtaining a motorcycle driver’s license from Asan City B to Asan City C at approximately 400 meters.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of a DVL125 Z motorcycle.

No motor vehicle owner shall operate any motor vehicle on the road on which mandatory insurance is not subscribed.

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. On-site reports and photographs of traffic accidents, the ledger of driver's licenses (A), mandatory insurance associations (D), notification of the results of the control of drinking driving, report on the state of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

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) 2, and 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 62 (1) of the Criminal Act;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;