A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 22, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law at the Seoul Western District Court on the following grounds: (a) on August 18, 2016, the Defendant was sentenced to a summary order of a fine of three million won for the same crime at the same court on August 18, 2016; and (b) on November 22, 201, the Defendant was sentenced to a fine of five million won for the same crime at the same court.

[Criminal facts]

1. On August 30, 2018, the Defendant driven a bicycle with an ECA 110 engine device from the section of approximately 100 meters from the front and front of the Seoul Jung-gu, to the road in front of the same Gu, while under the influence of alcohol of 0.194% in blood without obtaining a driver’s license of a motor vehicle at around 22:35 on August 30, 2018.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating an automobile which is not covered by mandatory insurance, but the Defendant operated the ECA110 motor bicycle that is not covered by mandatory automobile insurance at the place specified in paragraph (1).

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Mandatory insurance inquiries (netly applicable 19) Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act, Article 154 subparagraph 2, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);

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

1. Selection of each sentence of imprisonment with prison labor for crimes during the same kind of suspended sentence;

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 to mitigate small amount;