A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On August 29, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon District Court on the grounds of the violation of the Road Traffic Act (drinking driving), KRW 3 million for the same crime at the Seoul Southern District Court on March 25, 201, and KRW 7 million for a fine on March 30, 201, and for the same crime in the Suwon District Court on March 30, 201. The Defendant was indicted for the same crime at the Suwon District Court on June 14, 2016 and continued trial.

[Specific criminal facts] On June 25, 2016, at around 05:09, the Defendant driven a BP car not covered by mandatory insurance without a driver’s license, from the front side of the entrance of the home flass parking lot located in the local administrative Ri in the local Eup/Myeon, to the front side of the “ropt” road located in the same Eup/Myeon from the front side of the home flass parking lot to the front side of the “ropt” road in the same Eup/Myeon.

Therefore, although the defendant had been punished for drinking more than twice, he again drives a motor vehicle without a driver's license in the state of drinking, and driving a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A written inquiry about each mandatory insurance;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report-related Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Road Traffic Act; Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed driving) concerning the operation of a motor vehicle;

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

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (the fact that a mistake is recognized, and the case exceeds a fine prior to the instant crime).