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 August 25, 2008, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on August 25, 2008, and on September 2, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

1. On July 9, 2020, the Defendant was under the influence of 0.101% of blood alcohol level without obtaining a driver’s license for engine devices at around 21:20 on July 21, 2020, the Defendant driving D non-B at the 2km section from the front of the “C” restaurant located in Gyeongnam Kimhae-si B to the front road of the Kim Sea University Station located in 2632 as in the same city Kimhae-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and driving without a license.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the two-wheeled automobile which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, report on the situation of a drinking driver, notification on the control of drinking driving, and the register of driver's licenses;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 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 Act on the Guarantee of Automobile Accident Compensation;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act;