The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On January 22, 2013, the Defendant issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act at the Gwangju District Court on January 22, 2013.

[Criminal facts]

1. On September 29, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a seed without registration engine 100cc under the influence of alcohol 0.128% from the C convenience store in Seo-gu, Gwangju to the front route of the same Gu from around 400 meters to around the same Gu.

2. The Defendant violated the Guarantee of Automobile Compensation Act, operated a motor device bicycle as stated in the foregoing paragraph 1, which was not covered by mandatory insurance at the time and place mentioned in the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the detection of an inquiry (23 pages of investigation records) of the results of crackdown on driving alcohol without registration;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (amended by Act No. 17371, Jun. 9, 202);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment within the scope of the sum of the maximum term of punishment prescribed for each crime as stated in the judgment);

1. Reduction of amount under Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;