A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On July 12, 2010, the Defendant was notified of a summary order of KRW 3.5 million by the Jeju District Court for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (driving without a license). On October 23, 2013, the Defendant was sentenced to a suspension of imprisonment with prison labor for one year for the same crime and the said judgment became final and conclusive on October 31, 2013.

On December 4, 2013, the Defendant was under the influence of alcohol of 0.06% in blood alcohol concentration without obtaining a driver’s license at around 05:50 on December 4, 2013, and the Defendant driving a B carren vehicle at the section of approximately 1.5 km in front of “us resources” located in the B carrendong-dong in Jeju Island from the roads near the Newsan Park in the Jeju Island.

2. A motor vehicle owner who violated the Guarantee of Automobile Accident Compensation Act has driven a B carren car in the name of the defendant, who was not covered by mandatory insurance at the time and place specified in paragraph (1), despite the fact that a motor vehicle owner has destroyed or damaged another person’s property due to the operation of a motor vehicle, he/she paid the amount of money prescribed by Presidential Decree.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation into the results of crackdown on drinking driving, the register of driver's licenses, mandatory insurance, investigation reports (former and previous statutes);

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) (the point of running a motor vehicle with no mandatory insurance), 152 subparagraph 1, and 43 (the point of operating a motor vehicle without a license) of the Road Traffic Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Discretionary mitigation: Determination of sentence as ordered by considering all the following circumstances as the reasons for sentencing in light of Articles 53 and 55(1)3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime).