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

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

Punishment of the crime

[criminal history] On November 25, 2012, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving). On May 26, 2016, the Incheon District Court received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving).

[Criminal facts]

1. On July 9, 2016, the Defendant: (a) driven CMW car under the influence of alcohol concentration of about 150 meters from the 1015 Jeju Jeju Jeju Jeju Jeju Jeju Island to the 25-200 front roads; and (b) under the influence of alcohol level of 0.101% without the driver’s license.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated the said CMW car without having subscribed to the mandatory automobile insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of driving at drinking, ledger of driver's license, and inquiries into respective mandatory insurance;

1. Control photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of the report of investigation;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, 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 failing to purchase 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, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Reduction of Quantity (i.e., taking into consideration favorable circumstances, such as the fact that the defendant recognized his/her fault and reflects his/her fault, and that the defendant seems to have no record of crime exceeding the fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;