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

On September 19, 2014, the Defendant received a summary order of KRW 3 million from the Busan District Court's branch court due to the violation of the Road Traffic Act (driving).

1. On July 24, 2019, at around 17:36, the Defendant driven a registered ATV with no registration under the influence of alcohol of about 0.108%, without obtaining a driver’s license, from a section of about 1.6 km from the front of the B Village in Busan-gun, Busan-gun to the front of the mountain of the month, which is located from approximately 1.6 km to the front of the mountain of the 16-10km.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of ATV ATV A with no registered seal.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant, at the time and place of Paragraph 1, was driving the above STV ATV Co., Ltd., which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, traffic accident statements, reports on the actual state of drinking drivers, inquiry into the results of the drinking control, and the register of driver's licenses;

1. Each report on investigation;

1. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving without a license for a motorcycle), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of failing to subscribe to mandatory insurance);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has the same criminal history once, the occurrence of traffic accidents, and the degree of taking the order is not less than that of the defendant.