A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Around June 13, 2017, the Defendant received a summary order of KRW 1,00,000 from the Cheongju District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 2,50,000 from the Cheongju District Court on May 3, 2018 to a fine of KRW 2,50,00,000, respectively.

【Criminal Facts】

1. Around 03:34 March 25, 2020, the Defendant driven a non-registered GTS125-EVO erroneous part of 50 meters under the influence of alcohol without a motorcycle driver’s license from a section of about 500 meters of blood alcohol concentration to a delivery-type E-road located in Heung-gu Seoul Metropolitan City, Cheongju to a delivery-type enterprise located in the same Gu D.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated unregistered GTS125-EVO Ora on the same date, time, and place as described in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control of main driving;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes, such as the ledger of driver's license, criminal records of suspect interrogation of the prosecution against the accused, and summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 3 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 the facts constituting an offense;

1. Each sentence of Articles 40 and 50 of the Criminal Act (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for the crimes of violation of the Road Traffic Act with heavier punishment shall be imposed) shall be sentenced to imprisonment with prison labor;