The punishment of the accused shall be determined by a year of imprisonment.

Punishment of the crime

[criminal history] On April 22, 2009, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) at the Gwangju District Court. On December 12, 2014, the Defendant was sentenced to a fine of eight months for a crime of violating the Road Traffic Act (drinking driving) at the same court and completed the execution of the sentence at the Gwangju District Court on August 11, 2015.

[Criminal facts]

1. On December 13, 2016, the Defendant violated the Road Traffic Act: (a) around 20:10 on December 13, 2016, while under the influence of alcohol level of 0.097%, the Defendant driven a car in the column B while under the influence of alcohol level of the blood alcohol level of 0.097%, without obtaining a driver’s license, from the front side of the intersection of the chemical west intersection to the front side of the office of the ethical Eup located in the same Ri.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the car even if he did not subscribe to mandatory insurance at the above time and place.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the confirmation of crimes during the same type of force and the period of repeated crimes);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: the Defendant’s age, sex, environment, circumstances and results of the instant crime, etc.