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

[criminal power] On October 31, 201, the Defendant issued, at the Incheon District Court, a summary order of KRW 2 million for a violation of the Road Traffic Act, etc., and on June 25, 2013, the same court issued a summary order of KRW 7 million for a violation of the Road Traffic Act.

【Criminal Facts】

1. Around 09:30 on August 18, 2013, the Defendant driven a 50cc c-capf in the state of alcohol under the influence of 0.284% of the blood alcohol concentration without obtaining a motorcycle driver’s license from around 09:30 on the roads near the White apartment in Gyeyang-gu Incheon, Gyeyang-gu, Incheon to the front road of the 24-29 new knife.

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

Nevertheless, at the same time and place as mentioned in Paragraph 1, the Defendant operated the closure of 50cc above without mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driver's license report, blood alcohol appraisal certificate, vehicle driver's license register, and mandatory insurance;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of criminal records before the driving of sound);

1. Relevant Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2, and 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1548, Jun. 2, 2009)

1. Article 62(1) of the Criminal Act: