A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] The defendant was sentenced to four months of imprisonment and two years of suspension of execution due to a violation of road traffic law at the Gwangju District Court on September 8, 2006, and was sentenced to four months of imprisonment with prison labor for the same crime in the field of interest support at the Gwangju District Court on March 13, 2008, and was sentenced to six months of imprisonment with prison labor for the same crime in the same court on June 9, 201, and on February 4, 2016, after being sentenced to six months of imprisonment with prison labor and two years of suspension of execution for the same crime in the same court on February 12, 2016, and the judgment becomes final and conclusive on February 12, 2016.

[Criminal facts]

1. 도로 교통법위반( 무면허 운전), 도로 교통법위반( 음주 운전) 피고인은 2016. 7. 8. 13:55 경 전 남 장흥군 안 양면 해창 리에 있는 덕동 마을 근처 도로에서 원동기장치 자전거 면허를 받지 아니하고, 혈 중 알코올 농도 0.224% 의 술에 취한 상태로 효성 랠리 오토바이를 운전하였다.

2. 자동차 손해배상 보장법위반 피고인은 위 효성 랠리 오토바이의 보유 자인 바, 위 일시, 장소에서 의무보험에 가입되어 있지 아니한 위 효성 랠리 오토바이를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses, inquiries about mandatory insurance, response to requests for appraisal, and reports on the detection of drivers engaged in driving (blood collection results);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order, etc.);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation without a mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of drinking and the crimes of non-licenseing, and the punishment specified for the crimes of drinking which are heavier between the crimes of drinking and the crimes of non-licenseing)

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reduction of a small amount;