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

Punishment of the crime

The Defendant was sentenced to a suspended sentence of two years on January 21, 2010 by imprisonment with labor for a violation of the Road Traffic Act at the Jeonju District Court on January 21, 201, and was sentenced to a suspended sentence of three years on October 26, 2012, and was sentenced to a suspended sentence of three years on October 26, 201, and the same kind of criminal records are more than once.

1. On November 16, 2016, the Defendant was under the influence of at least 0.114% alcohol during blood transfusion without obtaining a driver’s license of a motor vehicle on November 16, 2016, the Defendant driving a motor vehicle E Sejong at approximately three kilometers from the front of the Defendant’s house in Kim Jong-si to Kim Jong-si, in the direction of approximately three kilometers from Kim Jong-si.

Accordingly, the Defendant, without a driver’s license, violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act not less than twice, and driven a motor vehicle under the influence of alcohol in violation of this provision.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant, as the owner of E, operated the above automobile which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment has already been punished three times due to drinking, driving without a license, etc., and in particular, two times among them.