A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On February 8, 2010, the Defendant violated the Traffic Act (drinking or non-licenseing) on the road and received a summary order of a fine of KRW 2 million from September 12, 2013 to a fine of KRW 4 million from a creative driving support for a violation of the Traffic Act on the road.

Although the Defendant had had a alcohol driving force twice or more as above, on March 31, 2018, he driven a non-registered two-wheeled vehicle under the influence of alcohol with approximately 0.085% alcohol level from the 300-meter section from the 21st day before it reaches the apartment road to the 300th day of it.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act is the owner of an automobile with the wheels.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road except for the motor vehicles prescribed by Presidential Decree.

Nevertheless, the defendant operated the above vehicle without the mandatory insurance policy at the time of the control.

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 the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a person who operates a bicycle with no 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. An order to attend a course under Article 62-2 of the Criminal Act;