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

[criminal history] On October 25, 2010, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating road traffic laws at the Changwon District Court on October 25, 2010, and on August 30, 2012, the same court was sentenced to a suspended sentence of two years for a crime of violating road traffic laws at the same court on August 30, 2012.

[Criminal facts]

1. On September 15, 2017, the Defendant driving a 124C ATV ATV A with the alcohol concentration of approximately 0.265% while under the influence of alcohol without a motor device license from the section of approximately 3 km in the front of the Eup/Myeon in the city of Chang-si to the road in front of the Eup/Myeon in the city of Chang-si, the Defendant, around 18:42, on September 15, 2017, operated a 870-5-5-do-si-si-dong-si-si-si-si, the Defendant was under the influence of alcohol without a motor device license.

2. He/she shall not operate any motor vehicle (including motor vehicles and bicycles) which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation for Loss;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, was driving a ATV No. 1 that was not covered by mandatory insurance.

Summary of Evidence

Criminal Court rulings of the same kind and the application of the summary order statutes in response to inquiries, such as criminal history in the driver's report on the circumstances of the defendant's oral statement

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, Article 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 46 subparag. 2, and 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance) concerning the driving of a motor device);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Articles 53 and 55(1)3 of the Criminal Code for Reduction of Quantities (the defendant with a disability appears to have used Otoba as a means of movement, and the previous type of Otoba is the same.