A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[criminal history] On March 7, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the Gwangju District Court’s support for promotion of the head of the Gwangju District Court.

[Criminal facts]

1. On November 24, 2020, the Defendant driving a motor vehicle under the influence of alcohol 0.087% in a section of about 900 meters, without obtaining a bicycle driver’s license for a motor device under the influence of alcohol 0.087% from a section of about 900 meters, from the front of the C cafeteria located in the Southern Jin-gun, Namjin-gun, Seoul, to the dominence road.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act more than twice and operated a motor bicycle without obtaining a motor device bicycle driver's license.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is almost a holder of an engine device as set forth in paragraph (1).

No person shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the defendant operated the motor bicycle that was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, the driver's license register, and mandatory insurance;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

1. Subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;