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

Punishment of the crime

[criminal power] On March 27, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of Daejeon District Court on March 27, 2007; on March 29, 2010, the same court issued a summary order of KRW 3 million to the same crime; on September 11, 2015, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving). The said judgment became final and conclusive on September 19, 2015.

【Criminal Facts】

1. On September 6, 2016, the Defendant was driving C truck under the influence of alcohol content of about 0.098% at the section of about 10km from the 10km to the front road of the Han-ri National University at Seosan-si without obtaining a driver’s license on September 21, 2016. The Defendant was driving C truck under the influence of alcohol level of about 0.098% from the 10km to the Han-ri National University at Seosan-si.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated C vehicles not covered by mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other 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 Act on Guarantee of Automobile Accident Compensation;

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