A defendant shall be punished by imprisonment for not less than one year and five months.

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

On November 9, 2018, the Defendant was issued a summary order of KRW 4 million due to a crime of violating road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court on November 9, 2018.

1. On December 19, 2019, the Defendant violated the Road Traffic Act (driving without a license or drinking), driving a bicycle with the CA 110 engine device without a license, under the influence of alcohol leveling about 0.161%, without obtaining a motor device driver’s license, from the front side of the bridge park located in Seoyang-gu, Seoyang-gu, Seoyang-gu, 277-10, to the front side of the same Gu C church located in the same Gu, from around 1.1km section to the road located in the same Gu.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) was a person who has no number plate CA 110 motor bicycle riding machine; (b) operated a motor bicycle not covered by mandatory insurance at the same time and place as the above 1. paragraph (1).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each written statement of D and E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A certificate of disuse of two-wheeled automobiles and the driver's license register;

1. Photographs of vehicles;

1. Records of driving under the judgment: Application of the inquiry letter, such as criminal history, and three copies of the decision of summary order;

1. Articles 148-2(1) and 44(1) of the relevant Act on the Traffic of Roads (on the grounds of criminal facts), Article 154 Subparag. 2 and 43 of the former Road Traffic Act (amended by Act No. 16830, Dec. 24, 2019); Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (on the grounds of operating an automobile with no mandatory insurance)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), between the crimes, and the punishment provided for in a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;