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

[criminal history] On November 20, 2014, the Defendant was sentenced to a suspended sentence of three years for August, 201 to imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court’s Pyeongtaek District Court.

[Criminal facts]

1. On December 12, 2020, the Defendant driven C 124cc c. under the influence of alcohol content 0.152% without a driver’s license on the section from the front side of Seo-gu Incheon Seo-gu Office to the front side of the same Gu B building at around about 22:40 on December 12, 2020, while under the influence of alcohol content 0.152% without a driver’s license.

As a result, the defendant transferred a motor device bicycle without a driver's license and violated the prohibition of drinking at least twice.

2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle, etc. on a road which has failed to purchase mandatory insurance;

On December 12, 2020, at around 22:40, the Defendant operated C and 124C Orala, instead of purchasing automobile mandatory insurance on front of the Seo-gu Incheon Building.

Summary of Evidence

1. Statement by the defendant in court;

1. On the basis of the circumstantial statement report of a driver driving a drinking driver, inquiry of the results of crackdown on drinking driving, license ledger, and previous convictions: Application of Acts and subordinate statutes of inquiry, such as criminal history, and investigation report (Evidence List No. 25);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (on drinking), Article 154 subparagraph 2, Article 43 of the Road Traffic Act (on driving without a license), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation for Damages, concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the selection of punishment provided for in Articles 40 and 50 of the Criminal Act (and between violations of the Road Traffic Act)

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The conditions favorable to the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The Criminal Act;