A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above imprisonment shall be postponed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 15, 201, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic laws at the Cheongju District Court on April 15, 201. On November 28, 2007, the Defendant was issued a summary order of 5 million won for a crime of violating road traffic laws at the Daegu District Court on November 28, 2007, and was driving under drinking more than twice after June 1, 2006.

[Criminal facts]

1. On October 1, 2017, the Defendant driving a vehicle without a driver’s license in the direction of approximately 500 meters alcohol concentration from the 500-230% alcohol concentration on the road, from the front side of the Gyeongglung-gun, Gyeongcheon-do, Gyeongglcheon-do, the Gyeongcheon-do, Gyeongcheon-do, Seoul, to the 165-14th day of the same Myeongsan-do.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

The Defendant operated the Oral Ba, which was not registered with no license plate, without being covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 subparag. 1 and Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol), Article 46 subparag. 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (the point of non-mandatory insurance) and Articles 154 subparag. 2 and 43 of the Road Traffic Act concerning facts constituting an offense;

1. There is a difference between the crimes of Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes and the crimes of violation of the Road Traffic Act (non-licensed driving).