A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 7, 2012, the Defendant was sentenced to a fine of five million won due to a crime of violating the Road Traffic Act in the Busan District Court on December 7, 201, and was sentenced to imprisonment for a violation of the Road Traffic Act at the Busan District Court on September 7, 2011.

The Defendant is a holder of an objection to 125 cc. that did not purchase a mandatory insurance policy.

On November 5, 2017, the Defendant, without a motor engine bicycle license, driven the above 0.169% alcohol concentration in the blood, over a section of about 8km from the Danpo Beach road near Busan Yancheon-dong to the road near Busan Yancheon-dong, while under the influence of alcohol content of 0.169%.

Ultimately, the Defendant, without obtaining a motor device bicycle license as above, driven the above letoba which was not covered by mandatory insurance while under the influence of alcohol, even though the Defendant violated the prohibition of drinking alcohol more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Each report on investigation;

1. Each photograph;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the attitude to reflect, the recent criminal records, the circumstances leading to the instant crime, etc.);

1. Article 62(1) of the Act on the Suspension of Execution (the fact that the defendant is divided in depth, and there is no record of crime since before and after 2012 as stated in the facts constituting the crime, and the crime in this case is committed.