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 became final and conclusive.

Punishment of the crime

On December 27, 2016, the Defendant was sentenced to a summary order of a fine of KRW 3.5 million due to a violation of the Road Traffic Act (driving) in the Seogu District Court’s branch court.

On April 7, 2020, at around 20:55, the Defendant driven DCA 110B, which was not covered by mandatory insurance without obtaining a motorcycle driver's license, in the section of approximately 600 meters from the front of the Seongbuk-gun, Seongbuk-gun, to the front of C, and was under the influence of alcohol concentration of about 0.264%.

As a result, the defendant has violated the prohibition of drinking under Article 44 (1) of the Road Traffic Act not less than twice and has driven a motorcycle not covered by mandatory insurance without obtaining a driver's license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. On-site inspection reports on alcohols, the register of driver's licenses for motor vehicles, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, 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 concerning criminal facts;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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. Article 62 (1) of the Criminal Act (i.e., penance, circumstances of crimes, etc.);