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

On March 3, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Changwon District Court on March 3, 2008, and a fine of KRW 5 million for the same crime, etc. at the Changwon District Court Msan Branch on July 25, 2014.

1. The Defendant, who violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) had been punished twice or more due to drinking as above, operated a bicycle with BVT125B 125C motor without a bicycle driver’s license for the same 500-meter 125C motor device at a restaurant located in Changwon-si, Chang-si, Chang-si, Chang-si, Chang-si, Chang-si, Nowon-gu, in a state of drinking at 0.107% of alcohol concentration among the blood transfusion around March 3, 2018.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle without a motor device driver's license under the influence of alcohol.

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

Nevertheless, the defendant operated a motor bicycle that is not covered by mandatory insurance at the time and place mentioned in the above paragraph 1, as well as the above VT125B 125C bicycle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The circumstantial statement report on the driver involved, response to requests for appraisal and appraisal;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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 operating an automobile which is not mandatory insurance);

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

1. Selection of the penalty;