A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a motor device driver (80C) and holder without a license plate.

1. On September 27, 2020, the Defendant driven the bicycle under the influence of alcohol 0.21% of alcohol while under the influence of alcohol 0.21%, without obtaining a motor device bicycle license from the Do in front of the influent restaurant in the name of the influence Eup at Yang-si at Yang-si to the same city.

2. No person who holds a motor vehicle in violation of the Guarantee of Automobile Compensation for Loss shall operate any motor vehicle on a road on which no mandatory insurance policy is subscribed;

Nevertheless, the defendant operated the motor bicycle that is not covered by mandatory insurance at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning criminal facts; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Between the crimes provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes ( between a person who violates the Road Traffic Act due to a drinking driving and a person who violates the Road Traffic Act due to a driving without a license: The punishment to be imposed on the violation of the Road Traffic Act due to a driving with heavy drinking): Selection of each imprisonment with prison labor;

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. Unfavorable circumstances of sentencing under Article 62(1) of the Criminal Act: The defendant's blood alcohol concentration at the time of driving is very high.

O favorable circumstances: The length of the defendant's driving in the state of drinking or non-licensed will be the way.