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

[criminal history] On November 30, 2015, the Defendant issued a summary order of KRW 7 million for a violation of road traffic law (drinking driving) at the Changwon District Court’s branch on November 30, 2015, and on September 4, 2006, a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Seoul Northern District Court’s branch on September 4, 2006, respectively, and three persons of the same kind of power.

[2] On August 4, 2017, the Defendant driving a motor motor bicycle without obtaining a driver’s license for a motor device for light fuel around 21:05, and driving D 125cc in the section where approximately 800 meters of alcohol was not mandatory insurance from the front side of the Gyeongsung-gun, Gyeongnam-gun to the front road of the Zu apartment in the same Gun, under the influence of alcohol content 0.098%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, registers of drivers' licenses, mandatory insurance (based on August 4, 2017), and the results of crackdown on driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the 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 operating an automobile which is not mandatory insurance);

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 mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been sentenced three times to criminal punishment for traffic-related crimes, such as drinking, driving, etc., he/she also committed the crime of driving a motor vehicle in a drinking state without a driver's license.

However, it shows that the defendant's perception of the crime of this case and reflects it.