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

Punishment of the crime

1. On March 2, 2010, the Defendant was issued a summary order of KRW 3,50,000,000 by a fine for a violation of the Road Traffic Act, as a crime of violating the Road Traffic Act, at a wooden court of Gwangju District Court, on December 18, 2014. On February 1, 2017, the Defendant was issued a summary order of KRW 5,00,000 by the said court, for a violation of the Road Traffic Act.

On May 29, 2017, the Defendant, at around 10:20, driven a 49CC under the influence of alcohol content 0.149% while under the influence of alcohol while under the influence of alcohol without obtaining a bicycle license from approximately 30 meters in front of the “fluor soft ground” food in the south-west-gun of the Republic of Korea, Naman-gun, the southwest-gun of the Republic of Korea, and driving a 49CC under the influence of alcohol content 0.149%.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated 49CC, which was not covered by mandatory insurance, on the road at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, the ledger of driver's licenses, notification of detection of unregistered five-registered one, investigation report (the judgment, etc. of the same kind of force), application of Acts and subordinate statutes regarding criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2, and Article 43 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 Compensation Act;

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, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount are favorable to the Defendant’s recognition of the instant crime, the fact that the Defendant operated a motor device bicycle, leading to the said crime, and the fact that he/she is currently supporting his/her family.