A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The defendant, at the Changwon District Court on June 16, 2006, issued a summary order of KRW 5 million for a crime of violation of road traffic law (driving), a summary order of KRW 4 million for a crime of violation of road traffic law in the same court on January 7, 2013, and a summary order of KRW 4 million for a crime of violation of road traffic law in the same court on June 16, 2016, and the same court on June 16, 2016 sentenced two years of a suspended sentence to six months of imprisonment for a crime of violation of road traffic law (driving under drinking), which became final and conclusive on the 24th of the same month

[Criminal facts]

1. On March 13, 2017, the Defendant driven a 30-meter distance from the window of Changwon-si, 282, to the 9-1st day of the road, 282, from the window of the 282nd road, under the influence of alcohol 0.091% of alcohol while driving a motor device bicycle at around 22:05 on March 13, 2017, without obtaining a driver’s license for a motor device, and driving a 49c-free A-FFC of the 9-1st day of the 282nd road.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the above urine, which was not covered by mandatory insurance, at the same time and place as above.

Summary of Evidence

The application of the defendant's statutory statement of the driver's statement report, the criminal history of the driver's license ledger, and the statute of the judgment

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, Article 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 46 subparag. 2, and 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance) concerning the driving of a motor device);

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (Calculation of the fact that the figure of alcohol is not high and that the person drivess otobbs, etc.);