A defendant shall be punished by imprisonment for one year.

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 December 15, 2006, the Defendant received a summary order of 1.5 million won of fine for a violation of the Road Traffic Act (driving) from the Youngju District Court's Young-dong branch on December 15, 2006, and a summary order of 1 million won of fine for a violation of the Road Traffic Act (driving) from the Youngju District Court's Young-dong branch on April 28, 2010.

Criminal facts

1. Around 20:00 on August 9, 2013, the Defendant driven CCA 100 Oralba under the influence of alcohol without obtaining a driver’s license for a motorcycle Industrial Complex prior to the acquisition of a motorcycle-gun-gun, Chungcheongnam-gun, Cheongcheon-gun, Chungcheongnam-do, and under the influence of alcohol by 0.166% in blood alcohol concentration.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said otobs without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A report on detection of a host driver (investigative records No. 24);

1. The circumstantial statement of the employee;

1. A traffic accident report;

1. Requests for appraisal;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Investigation report (in numerical value of blood alcohol concentration applied with the suspect mark);

1. Each photograph;

1. Previous records of judgment: Application of criminal records and investigation reports (verification of records of drinking driving not less than twice);

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on the crimes of running a motor vehicle without a license, and a punishment imposed on the crimes of driving a motor vehicle with heavier statutory penalty);

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. Article 62 (1) of the Criminal Act;

1. The Defendant committed the instant crime again, despite the fact that the Defendant was two times prior to sentencing of Article 62-2 of the Criminal Act, with regard to probation, community service order and order to attend lectures.