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

Punishment of the crime

[criminal history] On August 25, 2016, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the Gwangju District Court's support for the promotion of the head of the Gwangju District Court, and completed the execution of the sentence on January 13, 2017 at the Net Prison.

[Criminal facts]

1. On July 19, 2017, the Defendant operated a motor bicycle at approximately 1km section of approximately 0.249% of alcohol content while under the influence of alcohol, without a motor device license, from around 13:00 to around 13:00 to the nearest road in the direction of the accounting of the 1km-gun, Busan, the Nam-gun, the Namnam-gun, Busan., the Defendant driven a bicycle with B XC125E (124C) motor device at around 0.249% of alcohol content in the blood while under the influence of alcohol.

2. The defendant in violation of the Guarantee of Automobile Damage Compensation Act is the owner of a bicycle with BXC125 E-Engine, and no motor vehicle which is not mandatory insurance shall be operated on the road;

Nevertheless, the defendant operated the motor bicycle at the time and place mentioned in paragraph 1 above.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. Investigation report on actual condition, notification of the results of regulating drinking driving, the driver’s license ledger for motor vehicles; and

1. Previous convictions in judgment: Two crimes that inquire about criminal history and are held in the status of personal confinement;

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. A report on investigation (a copy of the judgment attached);

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

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

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

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes, shall be imposed.