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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 4, 2007, the Defendant was issued a summary order of KRW 1 million by the Jeonju District Court on the grounds of a violation of road traffic law (driving), etc., and on January 25, 201, the Defendant was issued a summary order of KRW 1 million by the same court as the same crime.

[Criminal facts]

1. On September 12, 2020, the Defendant driven a motor bicycle under the influence of alcohol content of 0.189% while under the influence of alcohol content of 0.189% without a motor device bicycle driver’s license, with a section of about 15 meters in C parking lot in North west-gun, North west-gun, North Korea on September 2020.

As a result, the Defendant violated the prohibition of drinking at least twice, and operated a motor bicycle without a motor device bicycle driver's license.

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

Nevertheless, the defendant operated a 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. Notification of the results of the crackdown on the driving of drinking, the statement report on the situation of the driver of drinking, the ledger of driver's licenses, data on vehicle inquiries, and data about mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order, respectively;

1. Article 148-2 subparags. 1, 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 154 subparag. 2, and 43 of the Road Traffic Act (amended by Act No. 1750, Jun. 9, 202); Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Compensation Act (the operation of an automobile with no mandatory insurance) concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a more severe punishment);

1. Selection of penalty;