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 of the final judgment.

Punishment of the crime

1. Around 08:30 on August 28, 2018, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) did not obtain a motorcycle driver’s license in a section of about 500 meters from the front of the road in Gwangju-si B to the front of the Mancheon-si D, and driven a CT100-free motorcycle under the influence of alcohol content 0.272% while under the influence of alcohol content.

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

Nevertheless, the Defendant driven a non-registered motor bicycle that has not been covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Selection of each sentence of imprisonment;

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

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture shall be determined as per the order in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, the distance from driving under the influence of alcohol and without a license is not visible, and the situation that is disadvantageous to the crime of this case by driving an Ortobane with relatively less danger: although there was a history of punishment for the same crime, it reaches the crime of this case at all times, and the blood alcohol concentration level was driven under the condition that is considerably high: the motive and circumstance of the crime, and circumstances after the crime.