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

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

Punishment of the crime

1. On January 31, 2008, the Defendant: (a) driven a motorcycle while under the influence of alcohol by 0.180%; (b) on February 29, 2008, the Defendant was issued a summary order of KRW 2 million due to a crime of violating the Road Traffic Act in the Young-dong Branch of the Young-gu District Court on February 29, 2008; (c) on June 27, 2015, driven a motorcycle while under the influence of alcohol by 0.370%; and (d) was sentenced to a fine of KRW 3 million by the same court on November 19, 2015.

On July 12, 2020, at around 15:56, the Defendant driven the 100 Oral Bab in the state of under the influence of 0.225% of blood alcohol concentration without obtaining a motorcycle license from around 500 meters to front roads from the front roads of the Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant driving a motorcycle without obtaining a motorcycle driver's license in violation of Article 43 of the Road Traffic Act and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, even though he was prohibited from operating a motor vehicle on which mandatory insurance is not mandatory on the road, he operated the vehicle on the date and at the place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, and circumstantial statements of the driver concerned;

1. Registers of driver's licenses;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, and investigation reports (verification of the same criminal records)-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 Code of the Commercial Concurrent Crimes (the crime of running under the Road Traffic Act).