A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Criminal Power] On December 30, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 30, 2008. On September 9, 2015, the Defendant was sentenced to a summary order of five million won for a crime of violation of the Road Traffic Act (driving) at the Suwon District Court.

【Criminal Facts】

1. Notwithstanding the fact that the Defendant had been punished for driving under the influence of alcohol as above, the Defendant driven the Fbow Ⅱ at the section of approximately 1.5 km from the street store front of the convenience store in Gwangju City to the E in front of the same city, while under the influence of alcohol at around 0.087% without obtaining the driving license on July 9, 2019.

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

Nevertheless, the Defendant operated F Poter II vehicles that were not covered by mandatory insurance at the time and place mentioned in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under influence, notification on the results of the control of driving under influence of alcohol, notification to departments related to the report of the 112 Incident, the register of driver's licenses, car inquiry, and mandatory insurance association;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Violation of the provisions of Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act without a license) and the crimes of violation of the Road Traffic Act with heavier punishment (the crimes of running under the provision of the same Article);