A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On May 27, 2014, the Defendant received a summary order of KRW 3,50,000,000 from the Seo-gu District Court Branch of the Daegu District Court to a fine of KRW 3,50,000 for a crime of violating road traffic law (drinking) and a summary order of KRW 3 million for the same crime in the same court on July 22, 2014.

[Criminal facts]

1. On February 12, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving) on the road in front of the Defendant’s residence in Daegu-gu, Daegu-gu, 2016, driving a 50CC under the influence of alcohol concentration of about 0.09% without a motor device driver’s license in the section of about 500 meters from the road in front of the Defendant’s residence in Daegu-gu, Daegu-gu, 2016 to the front road.

2. Despite the fact that the Defendant was prohibited from operating the vehicle on the road that was not covered by mandatory insurance for violating the Guarantee of Automobile Compensation for Damages, the Defendant operated the said vehicle on the date, time, and place indicated in the preceding paragraph, without mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

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. Previous convictions in judgment: Application of inquiries about criminal history, investigation reports (formers and attachment of summary orders) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non-mandatory motor vehicle);

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. To provide community service and attend lectures under Article 62-2 of the Criminal Act;