A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 6, 2010, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (drinking driving), etc. by the Gwangju District Court’s branch on April 6, 2010, and a fine of KRW 2 million by the above court on June 15, 2010. On May 31, 2012, the above court was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (drinking driving). On May 14, 2014, the Defendant was sentenced to a suspended sentence of 8 months for imprisonment for a violation of the Road Traffic Act (drinking driving) by the said court on May 14, 2014.

On October 25, 2016, at around 18:10, the Defendant driven B Maki, owned by the Defendant, who was not covered by mandatory insurance without obtaining a bicycle driver’s license, while under the influence of alcohol leveling about approximately 400 meters from the 400-meter section to the front road of the “Ocheon vegetable Plant Center,” which is located in the border of the New Yong-gun, Yongnam-gun, North Korea.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor device without obtaining a bicycle driver's license under the influence of alcohol in violation of Article 44(1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol, the ledger of driver's licenses, inquiry into mandatory insurance (A), inquiry into criminal history records, and application of Acts and subordinate statutes to report on investigation (report attached to criminal records and judgment of the suspect);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.