A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On November 6, 2013, the Defendant was issued a summary order of KRW 1,500,000 by the Gwangju District Court on the grounds of a violation of the Road Traffic Act (driving). On November 14, 2014, the Defendant was sentenced to a suspended sentence of two years and six months.

【Criminal Facts】

1. On July 23, 2020, the Defendant was under the influence of a motorcycle on July 23, 2020, and on July 23, 2020, the Defendant driven 10km A4 (50C) Oralobab in the section of about 10 km from the Gisung-gun Gisung-gun to the 340 m3rd of the eropic, the eropiba in the direction of 0.118% alcohol level, without obtaining a motorcycle driver’s license.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and at the same time, he driven a motorcycle without obtaining a motorcycle driver's license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated Daelim A4 (50C) Orala, which was not covered by mandatory insurance at the above date, time, and place.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the result of the drinking driving control (Evidence Nos. 8);

1. On-site photographs of traffic accidents;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced December 10, 2020), Article 154 subparagraph 2 and 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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 include discretionary mitigation.