A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years after the judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On June 27, 2008, the Defendant was issued a summary order of a fine of one million won at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 21:59 on March 29, 2020, the Defendant driven a unregistered motor bicycle with approximately 200 meters of alcohol level 0.120% of alcohol level 0.120% from the section from the front side of the Suwon-gu, Busan to the front side of the D building in C. On March 29, 202.

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

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile that had not been registered 125cc.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance in the time and section stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on traffic accident, and the report on the circumstantial statement of a drinking driver;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment;

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. The fact that it is highly necessary to eradicate the reasons for sentencing under Article 62(1) of the Criminal Act, the gravity of blood alcohol concentration, the fact that no mandatory insurance has been subscribed at the time, the vehicle driven is an erroneous part, the defendant does not repeat the crime, and the age, character and conduct, the motive and means of the crime are as well.