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 became final and conclusive.

Punishment of the crime

1. On September 16, 2010, the Defendant received a summary order of KRW 2,50,000 from the Daegu District Court (Seoul District Court) due to a violation of the Road Traffic Act, such as a violation of the Road Traffic Act.

On October 17:15, 2020, the Defendant, at around 17:15, driven a motor device without a license for bicycle riding at approximately 10km section from the front side of the Gyeongbuk-gun, Gyeongbuk-gun, to the front side of the Cheongbuk-gun, and operated a bicycle with no license plate at around 0.251% under the influence of alcohol while drunk.

As a result, although the defendant was punished for driving under drinking, he again driven a motor device under the influence of alcohol without obtaining a motor device bicycle driver's license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is almost a holder of the above engine device.

The defendant operated a bicycle without mandatory insurance at the same time and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is to take the driving, investigation report, notification on the results of regulating the driving of drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of three-yearly written inquiries, such as criminal history, and written summary orders;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (non-licensed driving) concerning facts constituting an offense; Articles 148-2 subparag. 1 and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating a mandatory insurance)

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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. The grounds for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, are against the accused.