1. Defendant A shall be punished by imprisonment for a period of eight months.

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

Criminal facts

1. Defendant A

A. On May 2, 2012, the Defendant received a summary order of KRW 600,000,000,000,000 from the Daegu District Court Kimcheon branch of the Daegu District Court due to a violation of road traffic laws (drinking), and on December 6, 2013, from the Daegu District Court Kimcheon branch of the Daegu District Court, the Defendant received a summary order of KRW 6 million due to a violation of road traffic laws (drinking under drinking).

Although the Defendant was punished twice or more as above, on January 21, 2016, the Defendant driven CM7 car at a section of about 100 meters near the pay parking lot located in Busan Jung-gu, Busan, while under the influence of alcohol level of 0.064% among the blood transfusion at around 21:23 on January 21, 2016.

B. The Defendant violated the Guarantee of Automobile Compensation Act, as a person holding CM7 car, operated the said car without mandatory insurance at the above date and place.

2. In case where the transferee of the Defendant B’s automobile intends to transfer again to a third party, the registration of transfer shall be made in his name before transferring.

However, on July 23, 2015, the Defendant purchased CM7 car from a person in an influence to his name and transferred CM7 car to A at least KRW 3.5 million without filing for registration of transfer in the name of the Defendant, even though the Defendant purchased CM7 car from a person in an influence to his name and transferred it to A at KRW 4 million on August 23, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Inquiries about the results of crackdown on drinking;

1. Inquiry into mandatory insurance;

1. A motor vehicle transfer certificate;

1. Each investigation report (Report on the execution of a B account warrant and confirmation of mobile phone subscribers of the seller);

1. Previous convictions of Defendant A: Application of a written inquiry about criminal history and a written inquiry about criminal history, and statutes on investigation reporting;

1. The pertinent law and the defendant A who has the choice of punishment on the crime: Articles 148-2(1)1, 44(1)2, and 46(2)2 of the Road Traffic Act, Article 46(2)2, and Article 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating mandatory insurance), and Article 80 subparag. 2 and Article 12(3) of the Automobile Management Act, and Article 12(1)2 of the fine.