A defendant shall be punished by imprisonment for not less than one year and six 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

On September 22, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

1. Around 15:04 on October 25, 2019, the Defendant driven a non-registered 90cc-clob under the influence of alcohol level 0.121% without obtaining a motorcycle driver’s license from around 2km section from around 15:04 on the road in which Pyeongtaek-si B’s dwelling place to the front road through the same time, and without obtaining a motorcycle driver’s license.

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

Nevertheless, the Defendant operated the foregoing unregistered diapers which was not covered by mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking driving records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, 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 concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 (Punishments on the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and punishment provided for in the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment)

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;