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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 23, 2013, the Defendant received a summary order of KRW 4 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on June 23, 2015 to a fine for the same crime, etc., respectively.

On August 7, 2016, the Defendant was under the influence of 0.261% without obtaining a motorcycle driver's license on August 16, 2016, and was driving a 49C obane, which was not covered by mandatory insurance from around 200 meters away from the bottom of the Seo-gu Busan Southern-dong Port to the front road of the Dong bank.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of detection of unregistered misuse or biogas;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former and attached documents);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction in excess of a fine, and that the crime is recognized and the mistake is repented in depth);

1. Article 62-2 of the Criminal Act to order probation instruction;