A defendant shall be punished by imprisonment for not more than ten 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

1. On May 10, 2016, the Defendant: (a) from the 3:50 on the roads set up in the Jeju-si Interconnection, the Defendant driven B Poter truck with the alcohol level of about 0.277% while under the influence of alcohol without obtaining a driver’s license from the 2km section to the roads in front of the Seoul-si, Jeju-si, Seoul-si, 285.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated the cargo vehicle in the Poter as stated in Paragraph 1, which was owned by the Defendant and was not covered by mandatory insurance at the time and place of Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Written request for appraisal of blood alcohol concentration, written request for appraisal, and written request for appraisal of blood alcohol content;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On December 1, 2004, the Defendant issued a summary order of KRW 1 million on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture. On November 12, 2015, the Defendant issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act on November 12, 2015.