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

[criminal history] On March 8, 2016, the Defendant, at the Daegu District Court Kimcheon Branch, issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving), and on November 28, 2016, at the Daegu District Court Kimcheon Branch, a person who has driven drinking two or more times after having received a summary order of KRW 5 million for a crime of violating road traffic laws (drinking driving).

[Criminal facts]

1. On December 15, 2017, the Defendant driving a vehicle with B low alcohol content of 0.088% in alcohol while under influence of alcohol, without obtaining a driver’s license, from around 3:5 to around 2km-ro, 3-2, 42-2, from the front side of the 3rd local office in the Gyeongdong-gu, Gyeonggdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Seoul Special Metropolitan City, to the front side of the 2292 km, according to the said Eup/Myeon.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person who owns a passenger car with B low-priced car, did not subscribe to mandatory insurance.

Nevertheless, at the same time as in the preceding paragraph, the Defendant operated a motor vehicle without mandatory insurance by operating a low-priced car at the same time as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;