A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On June 30, 2008, the Defendant was sentenced to a fine of one million won for a violation of road traffic law in the Incheon District Court's Busan District Court's Branch on September 11, 2008, and a fine of two million won for the same crime in the same court on September 5, 2012. On January 25, 2018, the Defendant was sentenced to a fine of five million won for the same crime in the same court. On January 25, 2018, the same court was sentenced to imprisonment of one year for the same crime, two years of suspended execution, observation of protection, community service, and 120 hours, and became final and conclusive on February 2, 2018.

[Criminal facts] The Defendant is the owner of a sports vehicle C Coin and is a person who has a record of driving alcohol at least twice.

On January 23, 2018, the Defendant did not enter into a mandatory insurance policy of a motor vehicle, but driven Ccopi-type sports vehicle at approximately 2 km from the 190-12 km to the 190-12nd road of the Cheongpo Jeju Jeju Jeju Jeju Jeju Gopo District, the blood alcohol concentration of 0.12% without the driver's license, and 42-16 in the 190-12nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. On-site photographs and drinking photographs;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (verification of the history of drinking driving), search results of Nab case, and application of a copy of judgment Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes: In light of the risk of driving alcohol, it is necessary to strictly punish such circumstances.