A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 21, 2017, the Defendant, as a driver of a horse side car, committed a violation of the Road Traffic Act (drinking driving) on not less than two occasions by receiving a summary order of a fine of five million won from the Busan District Court due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court on December 21, 2017.

Nevertheless, on May 18, 2018, the Defendant driven the said car without the mandatory insurance without obtaining a driver’s license from the section of approximately 500 meters in a section of approximately 22:10 meters from the Southern Port located in the Southern Port of Busan, Seodo-dong, Busan, to the front road of the Yando-dong, Youngdo-dong, Busan, and without having a driver’s license, while under the influence of 0.222% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of failing to purchase mandatory insurance);

2. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between the crimes of violating the Road Traffic Act).

3. Selection of each sentence of 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. Article 62(1) of the Criminal Act on the stay of execution (the fact that drinking is driven several times in a short term and the blood alcohol concentration is considerably high) is considerably hot.

However, in consideration of the absence of criminal records beyond fines, the execution of imprisonment shall be suspended, and community service shall be ordered for a considerable period of time in consideration of the above unfavorable circumstances).

6. The community service order under Article 62-2 of the Criminal Act;