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

On January 10, 2011, the Defendant issued a summary order of KRW 3 million by the Seoul Western District Court due to a violation of the Road Traffic Act (driving). On January 10, 201, the Defendant was sentenced to a fine of KRW 5 million by the same court on January 10, 2019.

1. The Defendant in violation of the Road Traffic Act is a person engaging in driving a motorcycle BV125.

On September 12, 2019, the Defendant driven the above motorcycle on September 07:52, 2019, and proceeded at a speed of about 30 km in the speed of 30 km from the long line of the Yeongdeungpo-gu Seoul Metropolitan Government, along one lane to the police box for the Young Military Station at the speed of 30 km.

Since the location is a road bending on the right side, there was a duty of care to prevent accidents in advance by reducing speed for a person engaged in driving a motorcycle and driving safely by checking well the right and the right of the motorcycle.

Nevertheless, the Defendant neglected this and received a rail installed on the road side as the Defendant’s motorcycle due to negligence.

Ultimately, the Defendant damaged property to cover approximately KRW 1,250,000 of the cost of repairing a rail by occupational negligence as above.

2. Violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (driving without a license) have driven the above motorcycle while under the influence of alcohol of about 0.169% of the blood alcohol concentration from the 1km section from the front to the front road of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, without obtaining a driver's license for a motorcycle for temporary warning as referred to in paragraph (1) of this Article.

Accordingly, the defendant, who has violated the prohibition of drinking driving more than twice, was driving a motorcycle under the influence of alcohol again.

3. No automobile which is not covered by the mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on the road; and

Nevertheless, it is not appropriate.