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

1. On August 7, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Gwangju District Court’s net support on August 7, 2008

At around 15:00 on November 7, 2019, the Defendant driven a motorcycle under the influence of alcohol with a blood alcohol concentration of 0.141%, without obtaining a motorcycle driver’s license, from the front side of the instant 2km to the front side of the same military unit, from around 15:00 to the front side of the said military unit.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motorcycle without obtaining a motorcycle driver's license under the influence of alcohol.

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

Nevertheless, the defendant operated a unregistered motor bicycle not covered by mandatory insurance at the time and place mentioned in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 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 criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.