A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on October 31, 2008, and a summary order of KRW 2 million for the same crime in the same court on July 29, 2011, respectively. On May 31, 2012, the Defendant was sentenced to imprisonment for 10 months and suspension of execution for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch support on July 31, 2012.

1. Around 20:30 on July 19, 2016, the Defendant driven a B C 100 Oral Sea with a blood alcohol concentration of about 0.118% in a section of about 400 meters from the roads near the walan restaurant located in the Seocheon-gun, Seocheon-gun, Gyeongcheon-gun to the roads near the walan Ri located in the same Eup.

2. No owner and holder of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on the road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated a two-wheeled automobile without mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, and report on the control of drinking driving;

1. Compulsory insurance coverage (B);

1. Previous records of judgment: Application of criminal records, reply reports (A), investigation reports (former records and attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Selection of each sentence of imprisonment with prison labor (to choose imprisonment with prison labor instead of a fine in consideration of the fact that the criminal defendant has five times the history of punishment due to drinking or unlicensed driving, and that the blood alcohol concentration was high at the time of driving under the influence of alcohol in this case);

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

1. Article 53 and Article 55(1)3 of the Criminal Act reflects on discretionary mitigation.