A defendant shall be punished by imprisonment for six 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

[criminal history] On February 24, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 24, 2014, and KRW 7 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 18, 2016, respectively.

1. On May 2, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on and around 04:56 on May 2, 2016, without obtaining a driver’s license for a motor vehicle, and the Defendant driven a BMW car with a volume of 150 meters at the front of the parking lot, from the Incheon Yeonsu-gu apartment apartment site, which was in the influence of alcohol content of 0.120% in the blood.

2. No owner of a motor vehicle violating the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which has not been covered by mandatory insurance;

The Defendant operated the said BMW car that was not covered by mandatory insurance on the road at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries about the results of crackdown on driving of alcohol, reports on the circumstances of drivers, registers of drivers' licenses, and inquiries about mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on a previous conviction before disposition, and application of summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Suspension of execution;