A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On November 30, 2016, the defendant was subject to the disposition of transferring juvenile protection cases by Busan District Prosecutors' Office as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 06:54 on March 25, 2020, the Defendant was under the influence of alcohol by 0.149% on blood alcohol level, and the Defendant driven around 2km number 124CC off from the repair intersection to the front of the C convenience store located in the same Gu and Jung-gu, Busan.

As a result, the Defendant violated the regulations on the prohibition of drunk driving once, and once again drives a motorcycle while under the influence of alcohol.

2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle to a holder of a number 124CC or a motor vehicle not covered by mandatory insurance on the road;

Nevertheless, the Defendant operated the above Oba, which was not covered by mandatory insurance, at the time, at the same time and place as the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the circumstances of drinking drivers;

1. Unregistered Obiographic photo;

1. Previous records of judgment: Criminal history records, investigation reports (attached to a written decision, etc. on transfer of juvenile protection cases before a suspect), records of drinking driving control (Evidence List No. 10), investigation reports (verification of results of disposition of juvenile protection cases before a suspect) and the application of Acts and subordinate statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and there is no record of criminal punishment.