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

Punishment of the crime

On May 27, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act at the Cheongju District Court on April 30, 2019, and was punished twice or more for a violation of the Road Traffic Act in addition to the completion of the execution of the sentence by the Cheongju Prison.

1. Around 15:45 on May 9, 2019, the Defendant: (a) driven a motorcycle while under the influence of alcohol leveling 0.159% of the blood alcohol level without a motorcycle driver’s license on a section of approximately 700 meters from the front of C in a considerable area of the blue-si, Cheongju-si to the front of D in a considerable area of the blue-si, Cheongju-si.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall drive any motor bicycle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven the above motorcycle that was not covered by mandatory insurance at the time and place under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' statement, the register of driver's licenses, and mandatory insurance;

1. Previous records of judgment: Criminal records, previous records, previous records, results of confirmation, and application of Acts and subordinate statutes; and

1. Relevant law concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.