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 June 25, 2009, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Road Traffic Act (driving) in the Seo-gu District Court Branch of the Daegu District Court on June 25, 2009, and on October 23, 2012, the Defendant was issued a summary order of one million won by the Busan District Court on October 23, 2012.

【Criminal Facts】

1. On July 25, 2015, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) operated a test color 49CC in which there is no number plate attached to the Defendant’s possession at the section of approximately 1k from the front day of the mix apartment located in the pinite-gu Busan, Busan, about 0.149% of alcohol level without obtaining a motorcycle license at around 21:40 on July 25, 2015 to the front day of the e1k oil station located in the same school-dong.

Accordingly, the Defendant violated the regulations on the prohibition of drunk driving at least twice without obtaining a license for a motorcycle, and once again drives a motorcycle under the influence of alcohol.

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, the Defendant driven an erroneous part of Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and the report on detection of a drinking driver;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning criminal facts, Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;