A defendant shall be punished by imprisonment for not less than eight 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 September 11, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court of Gwangju, and KRW 5 million for a crime of violation of the Road Traffic Act at the same court on April 5, 2017, respectively.

[Criminal facts]

1. On October 7, 2017, the Defendant: (a) driven a C wing-off truck without a driver’s license, while under the influence of alcohol leveling 0.070% from the 5km section of alcohol level to the front day of the Simsan mountain, which is located in the 19m-ro, the suspect house located in B of the city around 20:10 on October 7, 2017, while under the influence of alcohol leveling about 0.070% from the 5km section of alcohol level.

2. No owner of a motor vehicle that violates the Guarantee of Automobile Compensation for Loss shall operate any motor vehicle which has not been covered by mandatory insurance;

Nevertheless, the defendant operated the cargo vehicle owned by the defendant who was not covered by mandatory insurance at the same time and at the same place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigative into the ledger of driver's licenses and the main office;

1. Inquiry into mandatory insurance;

1. Investigation report (report on the situation of the driver in charge); and

1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that an order to provide community service and attend lectures has the record of being punished twice due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, but the fine is imposed.