A defendant shall be punished by imprisonment for four 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

On July 8, 2013, at around 20:25, the Defendant driven a 100cc obane, which was not covered by mandatory insurance without a motorcycle driver's license, in approximately seven kilometers from the side of the Cheongsong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the front and rear of the same west-dong side of the military, to approximately seven kilometers in the middle section, without a motorcycle driver's license, with a blood alcohol concentration of 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as reports on detection of drivers, the ledger of driver's licenses, and mandatory insurance;

1. Relevant provisions of Article 148-2 (1) 3 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant operated a vehicle not covered by mandatory insurance under the influence of drinking or without a license even though he/she was punished twice due to the previous refusal of drinking alcohol measurement, driving without license, and the purpose of the revision of the Road Traffic Act strengthening the punishment for drinking driving, etc., it is inevitable for the defendant to severe punishment against the defendant.

However, in light of the fact that the defendant recognized his mistake and reflects his depth, and all of the sentencing conditions shown in the arguments of this case, such as the age, family relation, health status, personality and conduct, environment, motive of the crime, circumstances after the crime, etc. of the defendant, the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.