Defendant shall be punished by imprisonment for a term of one year and two months.

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

[Criminal Power] On June 9, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Southern District Court of the Jeonju on the ground of the violation of the Road Traffic Act.

【Criminal Facts】

1. On July 24, 2020, at around 10:52, the Defendant driven a three-km section from the road near the Defendant’s residence in the Jeon Chang-gun, Jeonbuk-gun, to the front day of the Jeonbuk-gun, the blood alcohol concentration of about 0.159%, without a driver’s license, while under the influence of alcohol, the Defendant driven a three-wheeled Motor Vehicle CH-400 (Peremptory output 2.5kw) without a driver’s license.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle which has not been covered by mandatory insurance, but the defendant operated a three-wheeled motor vehicle not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report on traffic accidents;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and 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. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. The Criminal Act, the suspension of execution;