A defendant shall be punished by imprisonment for not more than ten 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

On June 1, 2007, the Defendant was issued a summary order of KRW 700,000,000 for a fine due to a violation of the Road Traffic Act (driving), etc. at the Changwon District Court's Jinju branch, and on April 8, 2008, by the same court, a summary order of KRW 1,50,000 for a fine due to a violation of the Road Traffic Act (driving).

1. On November 16, 2017, the Defendant was driving a 49 OCC cliba, which was under the influence of alcohol level of 0.180% in the blood alcohol level without obtaining a bicycle driver’s license from the front side of the “Korean restaurant” located on the front side of the city of Sacheon-si, Sacheon-si, Sacheon-do, in the same direction from around 2km to the front side of the “new village cliba” located on the same side.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act on two occasions, who once again drives a motor device without obtaining a bicycle driver's license under the influence of alcohol.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on the same date and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.