A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the prosecution against the assault (2018 Highest 224) is instituted.

Punishment of the crime

- [2018 Highest 237] On April 18, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Road Traffic Act ( sound driving) in the Young-gu District Court’s territorial support. On October 15, 2014, the Defendant was issued a summary order of KRW 3 million with the same offense in the same court.

On April 20, 2017, the Defendant was sentenced to one year of imprisonment for a special injury, etc. by the Daegu District Court, and on November 20, 2017, the Defendant completed the enforcement of the sentence.

1. Around 17:40 on November 13, 2018, the Defendant driven an off-to-land without a license plate in the state of 0.144% alcohol level from the road front of the mutually influorous main points in the north-gu B-dong at the port to the Cmatet in the same Gu, from around 200 meters to the road in the same Gu.

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

Nevertheless, the Defendant, as a holder of Oral Ba in Paragraph 1 without a number plate, operated Oral Ba as stated in Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

- [[2018 Highest 237]

1. Defendant's legal statement;

1. Police statements of D;

1. Each report on investigation;

1. Report on the occurrence of any traffic accident, report on the actual condition of the driving, report on the circumstantial statement of a drinking driver, and report on the results of the drinking control;

1. Each photograph;

1. Previous convictions in judgment: A statement of criminal records, each investigation report (verification of the same type of force, and the records of repeated crimes of suspects), the application of Acts and subordinate statutes - [2018 Highest 237]

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a penalty (the point of running a motor vehicle, the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle which is not mandatory insurance and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

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