A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On January 11, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the resident support area of Daegu District Court. On November 26, 2013, the same court was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on May 25, 2014.

Criminal facts

1. On June 26, 2015, the Defendant driven C 125CC under the influence of alcohol leveling 0.070% from the section of about 1 Km to the block of the track in the same city, from the Defendant’s house located in B at the time of stay at around 23:25 on June 26, 2015.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated Oba under paragraph (1) which was not covered by mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigative cooperation (Inquiry into details of purchase of mandatory insurance) requests and replies;

1. Previous records of judgment: Application of criminal records, reply reports, two copies of judgment, and Acts and subordinate statutes concerning the status of personal identification and confinement;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

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

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two previous convictions due to drunk driving, etc. for the last five years, and the Defendant committed the instant crime during the period of repeated crime due to drunk driving, etc., and the Defendant’s age, character and conduct and environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. are considered in consideration of the sentencing conditions shown in the pleadings of the instant case.