A defendant shall be punished by imprisonment for one year.

However, 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

On October 20, 2011, the Defendant was issued a summary order of 700,000 won for a fine due to the violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

1. Around 14:30 on May 11, 2020, the Defendant driven a motor bicycle with approximately KRW 700 meters of alcohol level 0.069% of the blood alcohol level while under the influence of alcohol level 0.069% without obtaining a motorcycle driver’s license from the front of C elementary school located in B at a leisure time, to the front of the E-ju shop located in D at a leisure time.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated the said motorcycle which was not covered by mandatory insurance at the time and place above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Scenic photographs;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to the previous records and summary orders), such as criminal records;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction exceeding a fine for negligence and there is no previous conviction since 2011, the degree of blood alcohol concentration, driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;