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 January 28, 2009, the Defendant was sentenced to a summary order of KRW 3 million by the Changwon District Court due to a violation of the Road Traffic Act, etc. On June 12, 2009, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment with prison labor for a period of six months, and on September 8, 201, to a suspended sentence of two years by the Changwon District Court for a violation of the Road Traffic Act.

1. Around 16:50 on August 9, 2013, the Defendant was under the influence of alcohol by 0.270 percent of the blood alcohol concentration without obtaining a motorcycle driver’s license on the violation of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) and the Defendant driven a large-scale 49CC motorcycle at a section of about 500 meters from the front of the Defendant’s residence in the Haak-gun, Hanam-gun, B to the front of the elderly in the same Ri to the road located in the same Ri.

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;

The Defendant, as a holder of an unregistered substitute 49CC motorcycle, operated the above motorcycle which was not covered by mandatory insurance at the same time and place as that of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on detection of a drinking driver, report on the results of crackdown on drinking driving, report on the circumstantial statements of a drinking driver, and written test for drinking of a drinking driver;

1. Notification of an detection of the non-registered dynappane;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment to previous records, written judgments, etc.);

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 (hereafter referred to as "motor vehicle driving without a license"), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (hereafter referred to as "motor vehicle driving without a mandatory insurance");

1. Articles 40 and 50 of the Criminal Code of Trade Competition.