A defendant shall be punished by imprisonment for nine months.

Punishment of the crime

On September 11, 2007, the Defendant was punished by a fine of 1.5 million won for the crime of violating the Road Traffic Act at the Gwangju District Court on May 6, 201, by a fine of 3 million won for the same crime at the same court on May 6, 2013. On July 30, 2015, the Defendant was sentenced to a suspended sentence of 2 years for the same crime at the same court on the same time.

On March 22, 2018, at around 21:50, the Defendant driven a car owned by the Defendant who did not purchase mandatory insurance at approximately 1 km section from the day before the Guk-gu Seoul Northern-dong cafeteria, to the day before the previous high-tech cafeteria, in a state of drinking alcohol content of 0.216% without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation report (final date confirmation);

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant had a record of having been punished five times, including the previous conviction on drinking or non-licensed driving, and the Defendant was sentenced to suspension of the execution of imprisonment due to drinking, non-licensed driving, and driving of a motor vehicle with no mandatory insurance, etc. during 2015, and the Defendant again committed the instant crime without being aware of it.