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

On August 18, 2018, the Defendant: (a) operated a motor bicycle without a motor device bicycle driver’s license, while under the influence of approximately 3 km distance from 18:30 to D on the road, from around 18:0 to around D, the Defendant driven the motor bicycle without a motor device driver’s license; and (b) operated the motor bicycle not covered by mandatory insurance on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Statement report on the situation of a driver who engages in driving, investigation report (report on the situation of the driver who engages in driving), notification on the results of regulating the driving of drinking, ledger of driver's license, inquiry of mandatory insurance, and application of Acts and subordinate statutes to the following inquiry:

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 148-2 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of traffic laws on roads and a violation of traffic laws on roads);

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attend, appears to have been repented while the defendant confessions all the crime of this case, and the fact that the crime of this case seems to have not occurred to another person, etc. is favorable to the defendant.

The defendant, in 205 and 2013, has been punished by a fine for drinking driving and a drinking traffic accident, or by a suspended sentence of imprisonment, even though he/she had the record of being sentenced to a suspended sentence of imprisonment, not only he/she drives drinking but also his/her high level (0.264% alcohol level in blood) and mandatory insurance.