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 became final and conclusive.

Punishment of the crime

[Criminal Power] On May 25, 2020, the defendant filed a summary order with the Busan District Court on May 25, 202 with the charge of violating the Road Traffic Act (Recrimination) and is currently pending trial.

【Criminal Facts】

1. Around 00:34 June 5, 2020, the Defendant driven a C 124c motor bicycle with a blood alcohol concentration of about 0.121% from the 1.6km section around the Geumdong-gu, Busan to the Gamb apartment road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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

Nevertheless, the Defendant owned a two-wheeled automobile under paragraph (1) and operated the two-wheeled automobile without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Inspection reports on the results of the control of drinking driving (the date of the proper launch: June 5, 2020) and investigation reports (the report on the circumstances of drinking drivers);

1. Mandatory insurance policy;

1. A previous conviction: A statement of inquiry results, a report on the results of confirmation of the previous disposition, and the application of Acts and subordinate statutes in writing of the relevant indictment;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

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. Fully considering the following factors: (a) the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act is against the Defendant; (b) there is no record of criminal punishment exceeding the fine; and (c) the Defendant’s age and health status; (d) character and conduct; (e) environment; (e) motive and circumstance of the crime; and (e) the circumstances