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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On September 30, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on September 30, 2009, and a summary order of KRW 4 million for the same crime in the same court on January 31, 2011.

[Criminal facts]

1. The Defendant is a person who has been punished twice or more for violating the Road Traffic Act (drinking) and the traffic law (drinking without a license) as above. On April 13, 2018, the Defendant driven Datoba under the influence of alcohol leveling 0.156% of blood alcohol level without obtaining a bicycle driver’s license in about 4km section from the front of the compensation park located in the 17:5 Sinsan Sinsan-si, Seoul, around 17:5 on April 13, 2018 to the front of the long-term care hospital, as the starting day of the compensation park located in the 33-lane 82-11 as follows:

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle on a road without mandatory insurance, but the Defendant operated a DNA automobile without mandatory insurance at the date and time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the driving, investigation report, notification on the results of regulating the driving of drinking, and inquiry into the driver's license register and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

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 Article 8 of the Guarantee of Automobile Compensation Act;

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;