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

1. On January 8, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court as a crime of violating the Road Traffic Act.

On April 17, 2020, the Defendant operated a DNA motorcycle under the influence of alcohol concentration of about 0.128% from around 600 meters to the front road of C, the Defendant, from around 01:57 macrosi Village B, to the front road of C.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not mandatory insurance;

Nevertheless, on April 17, 2020, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the same place as Paragraph 1 of Article 01:00.

Summary of Evidence

1. Notification of the defendant's legal statement, the result of the drinking driving control, the next inquiry, and the mandatory insurance;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, and summary orders under Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment, but within the scope of the sum of the length of two crimes];

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as per the order, taking into consideration the circumstances leading to each of the crimes in this case, including drinking water at the time of committing the crime, the record of criminal punishment of the defendant,