A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On June 11, 2014, the Defendant was sentenced to a fine of KRW 8 million in the same court on August 201, 2015, for the same crime as imprisonment for six months, suspension of execution two years, and suspension of execution on August 20, 2015.

[Criminal facts]

1. On May 28, 2018, the Defendant was under the influence of alcohol 0.31% in blood while driving a motor vehicle without obtaining a bicycle driver’s license for a motor device around 10:33 on May 28, 2018, and driving a motor vehicle at approximately approximately 200 meters in the section from the front of a restaurant C in Gumi-si B to the road in D.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor device without obtaining a bicycle driver's license under the influence of alcohol in violation of Article 44(1).

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act driving the above Obain, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment on any violation of the Road Traffic Act, any violation of the Road Traffic Act, any mutual relationship between the crimes of violating the Road Traffic Act, any violation of the Road Traffic Act (unlicensed driving), and any violation of the Road Traffic Act, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.