A defendant shall be punished by imprisonment for not less than eight 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 May 30, 2007, the Defendant was issued a summary order of KRW 500,000,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act (drinking driving), KRW 1 million by the same court on May 2, 2016, and KRW 5 million by the same court on October 23, 2017.

[Criminal facts]

1. The Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) had been punished twice or more due to drinking driving as above, but around 03:30 on April 13, 2018, the Defendant driven a cub vehicle B without obtaining a driver’s license, with approximately 0.070% alcohol concentration in blood, from the south-gu Incheon Metropolitan City south-dong-dong, Seoul, to the south-dong-dong area adjacent to the same dong-dong construction distance.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant driven a coo vehicle on the same date and at the same place as the preceding paragraph, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, reports on the circumstances of the driver under driving alcohol, and field photographs;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Inquiry into motor vehicle insurance;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For each of the crimes of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, an order to attend a lecture or an order to provide community service order shall be punished by a fine of five million won on October 23, 2017 for a violation of the Road Traffic Act.