Defendant shall be punished by imprisonment for a term of one year and two months.

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 July 22, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act by the District Court of the Republic of Korea on July 2, 2016.

On August 6, 2019, the Defendant was under the influence of alcohol with 0.204% of blood alcohol concentration around 08:13, and without a motorcycle driver’s license, the Defendant driven DNA dives not covered by mandatory insurance at a section of about 50 meters from the B apartment around both weeks to the front day of both weeks, without a motorcycle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses (A) and mandatory insurance policies (D);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, 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;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is more severe, concurrent crimes with the punishment prescribed by the Road Traffic Act, but to the extent that the long-term punishment of two crimes is added up);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under law: One year to three years of imprisonment;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, committed each of the crimes of this case around 200, around 2008, around 2016, around 2002, around 2002, and around 2004, and also committed each of the crimes of this case.

At the time of the instant case, blood alcohol content reaches 0.204%, and mandatory insurance was conducted.