The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

1. On April 16, 2015, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and received a summary order of KRW 2 million from the Daejeon District Court to a fine for the violation of the Road Traffic Act (driving without a license).

On May 18, 2020, at around 18:20, the Defendant driven a two-wheeled vehicle with a blood alcohol concentration of 0.131% under the influence of alcohol level 0.131%, without obtaining a driver’s license from the front of the C cafeteria located in Chungcheongnam-gun B to the front of the E cafeteria located in D.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the said two-wheeled automobile without mandatory insurance at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and report on traffic accidents;

1. Mandatory insurance policy, the ledger of driver's licenses (No. 7) and the ledger of driver's licenses;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) 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 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. 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 fact that the reason for sentencing under Article 62-2 of the Criminal Act is high in need of eradicating the drunk driving, the degree of blood alcohol concentration, the traffic accident caused by drunk driving, the driver's license and no mandatory insurance covered by the driver's license as at the time the driver's license was paid, the vehicle driven is an erroneous part, the defendant's failure to repeat the crime is found, and the age, occupation, and the same kind of fine as before the crime is suspended, and the execution of imprisonment is higher than