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 February 23, 2010, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law at the Chuncheon District Court, and on February 17, 2011, the Defendant was sentenced to a suspended sentence of two years for six months with prison labor for the same crime.

[Criminal facts]

1. On August 20, 2015, the Defendant: (a) driven a B rocketing car under the influence of alcohol concentration of about 0.180% while under the influence of alcohol without obtaining a driver’s license on the road front of the king drain pump center located in the same Myeonn-ro from the 02:00 a.m. on August 20, 2015, the Defendant used the B king car under the influence of alcohol concentration of about 0.180%, without obtaining a driver’s license.

2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;

Nevertheless, the Defendant operated the rocketing car of the above paragraph 1 on the road, which was not covered by mandatory insurance at the time and place of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs and a survey report on actual conditions;

1. Notification of the results of regulating driving of drinking and reporting on the circumstances of driving of drinking;

1. The driver's license ledger;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the same criminal record and summary order);

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 ordinary concurrent crimes (inter-Korean between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

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 of the Criminal Act: