A defendant shall be punished by imprisonment for not less than eight 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

On October 27, 2008, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 100,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Changwon District Court on October 17, 2016.

1. On April 2, 2018, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drawing without a license) driving a math car without obtaining a driver’s license on April 2, 2018, and under the influence of alcohol content of 0.146% in blood, the Defendant driven a math car at a distance equivalent to about 10km from the lower limit set up in the Busan Gangseo-gu Port to the front side of the registration office of the Kimhae-si, which is located in the sub-dong of Kimhae-si.

2. The Defendant violated the Guarantee of Automobile Compensation Act, at the same time and place as set forth in paragraph 1, operated the said M& car, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a person in violation of traffic laws (unlicensed or drunk driving) on roads;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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 to reduce the amount of punishment (see, e.g., Supreme Court Decision 2007Da11448, Apr. 1, 201; Supreme Court Decision 2008Da1448, Apr. 2, 2008)

1. Article 62(1) of the Criminal Act (the above-mentioned favorable circumstances)