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 May 27, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Busan District Court’s Busan District Court’s Dong Branch, and on December 26, 2016, the Defendant was issued a summary order of KRW 5 million as a fine for the same crime at the same court.

1. Around 04:12 January 16, 2020, the Defendant driven a 125c motor bicycle under the influence of alcohol concentration of 0.122% in front of the “C convenience store” located in Busan Shipping Daegu, the Defendant driven a 10-c bicycle under the influence of alcohol concentration of 0.122%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a two-wheeled automobile that had not been registered 125cc.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance in the time and section stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement, investigation report, and specification, etc. of the engine displacement of the OEM in this case;

1. Previous records of judgment: Criminal records, inquiry reports, and application of each summary order-related Act 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, respectively;

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;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the Defendant, even though he had been punished twice due to drinking driving, was engaged in driving at once without mandatory insurance, and the degree of drinking.