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

Punishment of the crime

On July 5, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan High Court on January 30, 2013, and the execution of the sentence was terminated on January 30, 2013. On February 10, 2012, the Defendant was sentenced to 2 years of imprisonment with prison labor for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Dong Branch Branch, and on February 18, 2012, is still under suspension of execution.

On July 31, 2013, at around 17:15, the Defendant driven from the front of the restaurant located in the Busan metropolitan traffic Daegu, to the front of the return gas station located in the same Gu, the Defendant driven a vehicle with an engine displacement of about 1km, which is not covered by mandatory insurance without a license for a motorcycle, with an engine displacement of about 0.129% under the influence of alcohol level 0.129% under the influence of liquor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. Mandatory insurance policies;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, an inquiry report on the absence of disposition, reporting on the results of confirmation, investigation report (Attachment to a judgment), and personal identification and confinement status;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;