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

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

Punishment of the crime

[criminal history] On April 25, 2016, the Defendant was notified of a summary order of KRW 2 million by the Incheon District Court for a crime of violating the Road Traffic Act (drinking driving), and on February 12, 2018, the Defendant was sentenced to a fine of KRW 5 million by the above court due to a crime of violating the Road Traffic Act (drinking driving).

[2] On April 13, 2018, the Defendant, without obtaining a motor device bicycle driver’s license, driven a 125 cc or less-picker with no number plate attached to mandatory insurance in the state of alcohol 0.173%, while under the influence of alcohol, from the Shacker parking lot located in 11-2, Nam-gu, Incheon, Nam-gu, Incheon, 50-ro, to the south-gu, Incheon, via a Shacker elementary school located in 13, South-gu, Incheon, to the above Shacker parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Notification of the detection of unregistered misuses without a license plate to be attached;

1. The investigation report (the sequence 3 in the list of evidence);

1. Previous convictions in judgment: Inquiry about criminal history, reporting on the results of previous convictions without disposition, and applying Acts and subordinate statutes to investigation reports (the confirmation of the previous history);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of driving 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;

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. Article 53 and Article 55 (1) 3 of the Criminal Act ( normal consideration of the fact that he/she reflects on his/her gender, etc.);

1. Article 62(1) of the Criminal Act on the suspension of execution (the foregoing circumstances shall be considered);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;