A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On August 7, 2008, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of road traffic law (driving alcohol), etc. at the Suwon Friwon, and on June 17, 2014, the Incheon District Court issued a summary order of KRW 5 million due to a violation of road traffic law (driving alcohol), and on February 4, 2015, the Defendant was sentenced to imprisonment of KRW 8 months and suspension of execution on February 12, 2015, and the judgment became final and conclusive on February 12, 2015.

[Specific Crime]

1. On March 12, 2016, the Defendant: (a) driven a D car at the 4km section from the front of the road located in the Gesung City B while under the influence of alcohol of 0.189% without a driver’s license on March 16:45, 2016 to the south of South-gu Eup/Myeon-ro of the same city; and (b) the Defendant driven a D car at the 4km section from the road located in the Gesung City B while under the influence of alcohol content of 0.189%.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a D car.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated a D car that was not covered by mandatory insurance at the same time and at the same place as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. Mandatory motor vehicle insurance certificate;

1. The driver's license ledger;

1. Criminal records: Application of the provisions of Part V Acts and subordinate statutes, such as a response to inquiries, such as criminal history, investigation reports (to file reports on criminal suspects A, copies of decisions in violation of the same road traffic law), and copies of judgments;

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 Code of Aggravation of Concurrent Crimes;