A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On November 25, 2013, the Defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch, and on December 13, 2017, the Defendant was sentenced to six months of imprisonment and two years of suspended execution.

On May 3, 2020, the Defendant driven a motorcycle B C 100 motorcycle while under the influence of alcohol, which is about 0.208% of blood alcohol concentration, without obtaining a motorcycle driver's license in the section of about 50 meters front of the reservoir fishing place, with the reinforcement of Incheon-gun, around 14:09.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle, etc. on a road which is not mandatory insurance;

Nevertheless, the Defendant, as the above driver of the above motorcycle, operated a motorcycle that is not covered by mandatory insurance at the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Mandatory insurance on the ledger of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to judgments of the same kind as a suspect, etc.);

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act and the punishment provided for in the crimes of violation of the Road Traffic Act with heavier 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: the Defendant up to 2017, four times the record of drunk driving and four times the record of unlicensed driving.