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 August 1, 200, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving), and on June 19, 2008, the Defendant was issued a summary order of KRW 2.5 million by the same court due to a violation of the Road Traffic Act (driving), and on January 20, 2009, the Defendant was sentenced to a suspended sentence of KRW 4 million by imprisonment for the same crime at the same court on January 20, 2009, and on May 15, 2012, the Defendant was issued a summary order of KRW 4 million by the same court on May 15, 2012.

On May 30, 2016, the Defendant, while under the influence of alcohol content of approximately 0.072% among blood transfusions, was driven from a section of about 10 meters away from the 10-meter radius in front of the modern billiard that is located in the lower-dong of Gyeongnam-si, Jin-si, the Defendant, who was not covered by mandatory insurance without obtaining a motor device bicycle driver’s license, and was driving from a section of approximately 10 meters away from the front of the modern billiard road in the same Dong to the front of the wing road.

Summary of Evidence

1. Statement by the defendant in court;

1. He/she shall make a report on detection of a driver at the main place, report on the circumstances of his/her driving, register of driver's licenses (A), and inquire into mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has a record of being punished several times due to drinking or unlicensed driving, and the punishment for suspension of execution has been imposed twice.