A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On April 16, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on the road: (a) around 01:48, the Defendant driven an EW or a car under the influence of alcohol content of about 0.188% during blood without a driver’s license, from the front corner of the Defendant’s house located in Heung-gu apartment B apartment located in Heung-gu Seoul Metropolitan City to the front corner of the Defendant’s house, via D, located in the same Gu C and again, from around 1.5km to the Defendant’s house.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act was prohibited from driving a motor vehicle on a road which is not covered by mandatory insurance, but driving the said motor vehicle without mandatory insurance at the date and place specified in paragraph 1.

Summary of Evidence

The application of Acts and subordinate statutes to inquire about mandatory insurance in the ledger of driver's license reports on the defendant's legal statement drinking driving control;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 (the point of driving without a license) of the relevant Act concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The Defendant’s erroneous reasoning for sentencing under Article 62-2 of the Social Service Order Act, including the observation and taking of protection and taking lectures, reflects the Defendant’s wrongness. However, the Defendant, who has high drinking level, has already been punished due to drinking and driving without a license, shall suspend the execution of imprisonment and order the observation of protection while suspending the execution of imprisonment.