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

1. Criminal records on November 28, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act, such as a violation of the Road Traffic Act, at the Cheongju District Court’s Chungcheong Branch on November 28, 2007, and at the same court on April 6, 2012, a fine of KRW 5 million was issued.

2. Criminal facts;

가. 도로교통법위반(음주운전) 및 도로교통법위반(무면허운전) 피고인은 2012. 8. 9. 14:25경 자동차운전면허를 받지 아니하고 혈중알콜농도 0.213%의 술에 취한 상태로 제천시 덕산면 월악리에 있는 냇가민박 앞 도로에서 C 포터 화물차를 운전하였다.

B. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the Poter truck, which was not covered by mandatory insurance at the above date and place;

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a circumstantial report on a host driver, and a notice of completion of correction;

1. Registers of driver's licenses and details of cancellation thereof;

1. Mandatory insurance policies;

1. Previous convictions indicated in judgment: Application of the inquiry report, investigation report (former and previous report on confirmation), and three copies of the summary order under 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, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;