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

1. 도로 교통법위반( 음주 운전), 도로 교통법위반( 무면허 운전) 피고인은 2017. 5. 28. 18:00 경 경북 울진군 근 남면 노음 리에 있는 ‘ 쭈꾸미 식당’ 앞 도로에서부터 같은 리에 있는 ‘ 경원 아파트’ 앞 도로에 이르기까지 약 300m 구간에서, 자동차 운전면허를 받지 아니한 채 혈 중 알콜 농도 0.182% 의 술에 취한 상태로 C 코란도 밴 화물차를 운전하였다.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, was driving of the bareboat cargo vehicle, which was not covered by mandatory insurance as above.

Summary of Evidence

The defendant's legal statement, report on the situation of driving under the influence of alcohol, report on the driver's statement, driver's license register, inquiry into the mandatory insurance, inquiry into the circumstances of the driver under the relevant Act and subordinate statutes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of non-licenseless driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, main sentence of Article 8 (the point of operating automobiles without mandatory insurance), Article 40 and Article 50 of the Criminal Act (the point of operating automobiles), Article 40 of the same Act, Article 50 of the Social Service Order Act (the point of driving under the influence of alcohol), Article 50 of the Road Traffic Act (the term of driving under the influence of alcohol), Article 152 (2) 2 of the Road Traffic Act (the term of imprisonment with prison labor), Article 37 (1) of the same Act) of the same Act, concurrent punishment of the defendant for any more serious violation of alcohol (the term).