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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 27, 2013, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving without a license) at a district court of the jurisdiction of the Government on the same day, and on July 4, 2014, the Defendant issued a summary order of KRW 3,50,000 to a fine for the same crime.

On April 14, 2016, at around 20:04, the Defendant driven B Poter 2 in the drunken state with the blood alcohol concentration of about 0.106% without obtaining a driver’s license from around 5km-si, Chungcheongnam-si, Gyeonggi-si, Gyeonggi-do, to the Gyeonggi-do Gyeongyang-si, 1288.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

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

Nevertheless, the Defendant operated the freight truck which was not covered by mandatory insurance at the time and place of Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses and mandatory insurance;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Drinking or attending the course; and