Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On February 15, 2008, the Defendant received a fine of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving without a license) from the Goyang Branch of the District Court of Jung-gu on February 15, 2008, and on August 17, 2018 by the same court as a fine of KRW 6 million as the same crime.

On August 14:10, 2020, the Defendant driven a C two-wheeled vehicle (A two-wheeled vehicle 108.9CC) under the influence of alcohol with a blood alcohol concentration of at least 0.03% without obtaining a motorcycle driver's license from the section of about 1km in front of the previous road of the same Gu at a place where Goyang-gu, Busan Metropolitan City move was located.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and simultaneously drives a motorcycle without a driver's license.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

The Defendant, as a holder of a two-wheeled automobile C, operated the two-wheeled automobile on the road, which was not covered by mandatory insurance, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, and an on-site map of a traffic accident;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. On-site photographic driver's license register of notification as a result of drinking driving control;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same type of crime records), and application of two copies of written judgments to two Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter the same shall apply), Article 154 subparagraph 2, and Article 43 of the former Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of penalty;