A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On April 5, 2013, the Defendant received a summary order of KRW 1,50,000 from a fine due to a violation of the Road Traffic Act (dacting driving) or a violation of the Road Traffic Act (dacting driving) in the support of the Daejeon District Court Seosan.

On October 21, 2020, the Defendant driven a motor device and bicycle in the section of approximately 1 km from the front of C in Seosan-si B to D before the front road, without obtaining a motor driver's license. The Defendant driven a lubal under the influence of alcohol level of 0.158% while under the influence of alcohol level.

Accordingly, the Defendant, under the influence of alcohol not less than twice, driven a motor vehicle, while driving a motor device without obtaining a bicycle driver's license.

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

Nevertheless, the defendant was driving the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. References to inquiries, such as criminal history, and application of summary order statutes;

1. Article 148-2 subparag. 1, Article 44(1) of the Road Traffic Act, Article 154 subparag. 2, and Article 43 of the Road Traffic Act (non-licensed driving) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Compensation for Damages, and the main sentence of Article 8 (main sentence) of the Act on the Guarantee of Automobile Compensation for Damages;

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

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed each of the crimes of this case, even though he was sentenced to a fine due to drinking driving, etc. as stated in the judgment, and the degree of taking each of the crimes at the time.