A defendant shall be punished by imprisonment for not less than eight 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

On November 16, 201, the Defendant had the same record of having been punished by a fine of KRW 2 million for a violation of the Road Traffic Act at the Busan District Court on April 17, 201, a fine of KRW 1 million for the same crime in the same court on April 17, 2013, and a fine of KRW 3 million for the same crime in the same court on April 8, 2015.

Criminal facts

1. On January 31, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (diving without a license), without obtaining a motor device license, while under the influence of alcohol at around 22:15, the Defendant driven a 150-meter otob (drawing volume 89cc) from the mix in the Seo-gu Busan Metropolitan City, to the roads near the e-mailing place in the same Dong from the e-mailing place to the e-mailing place in the same Dong.

2. The Defendant violated the Guarantee of Automobile Compensation for Damages: (a) operated an Oral Ba which was not covered by mandatory insurance at the time and place specified in paragraph (1) as a person holding the said Oral Ba.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of non-registered soil contamination;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Written inquiry about criminal history, etc.;

1. Application of statutes governing written judgments and summary orders;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 2, 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 facts constituting an offense;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Four times criminal punishment shall be imposed on the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures.