A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On April 20, 2012, the Defendant was issued a summary order of KRW 3,000,000 as a fine for a violation of road traffic law (dacting driving) at the Cheongju District Court’s support on April 20, 2012. On June 22, 2012, the Defendant was issued a summary order of KRW 4,00,000 as a fine for a violation of road traffic law (dacting driving) at the Cheongju District Court’s Support.

[Criminal facts]

1. Although the Defendant was punished for violating the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), on at least two occasions, the Defendant driven a motor bicycle at a distance of about 2 km from September 14, 2017 to the front road of the Fishery Welfare Center located in the same side as the Defendant’s residence, around 19:50 on September 14, 2017, without obtaining a motor bicycle license, while under the influence of alcohol 0.143% in alcohol while under the influence of alcohol 0.143% in blood.

2. The Defendant violated the Guarantee of Automobile Compensation Act, at the above date and place, operated KR110 Oba, which was not covered by mandatory insurance.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, reports on the circumstances of the driver placed at home, and investigation reports (report on the measurement of the distance from driving a person under influence while under influence);

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Application of statutes and copies of written judgments and summary order; and

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Lebageing) are heavier between the crimes of violation of Road Traffic Act and the crimes of violation of Road Traffic Act (licenseing) and the punishment.