A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】 On September 16, 2015, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Seoul Western District Court on March 29, 2018, and was sentenced to a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court on March 29, 2018, and was sentenced to a summary order of KRW 2.5 million for the same crime at the Seoul Southern District Court on August 23, 2018, and was released on March 29, 2019 during the execution of the sentence and the period of parole was expired on April 21, 2019.

【Criminal Facts】

1. Around October 27, 2019, the Defendant was driving a B CA105 motorcycle while under the influence of alcohol without obtaining a driver’s license from a section of about 200 meters, which is around 03:38,00, from the front of an independent park in the same region of Seodaemun-gu Seoul, to the gold tunnel inside the same new village, the Defendant was driving a motor vehicle under the influence of alcohol level of about 0.217% without obtaining a driver’s license.

As a result, the defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and at the same time driving a motorcycle without obtaining a motorcycle driver's license.

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

Nevertheless, the Defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle at home, report on the situation of operating a motor vehicle at home, report on the situation statement of a driver at home, report on 112 incidents, register of driver's licenses, and

1. Previous records before ruling: Criminal history records, personal confinement records, and application of Acts and subordinate statutes to investigation reports;

1. Relevant statutory driving for a crime: The driving of a motor vehicle which is not mandatory insurance under subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act: Guarantee of Automobile Accident Compensation;