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

1. On September 5, 2007, the Defendant has been sentenced to a suspended sentence of two-year imprisonment with prison labor for a violation of the Road Traffic Act by the Jeju District Court on April 2007, and on October 11, 2012, by a suspended sentence of two-year imprisonment with prison labor for the same crime.

On September 21, 2014, the Defendant, while under the influence of alcohol content 0.141% without a driver’s license on a car, driven Cone Star car in the section of approximately 3.5 km from the same side of “new duty-free shop”, which is in Jeju-si linkage, to the front road of “large Gas” located in Jeju-ro 95, Jeju-si.

2. A motor vehicle owner in violation of the Guarantee of Automobile Accident Compensation Act operated the said motor vehicle without mandatory insurance at the time and place specified in paragraph (1), despite the fact that the motor vehicle owner has destroyed or damaged another person’s property due to the operation of the motor vehicle, he/she has subscribed to the liability insurance or liability mutual aid.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on detection of drivers, registers of driver's licenses, mandatory insurance, investigation reports (former and written judgment attached thereto);

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) (the point of running a motor vehicle with no mandatory insurance), 152 subparagraph 1, and 43 (the point of operating a motor vehicle without a license) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to provide community service or attend lectures: Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc. shall contain the following circumstances: