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

Punishment of the crime

On August 3, 2009, the Defendant issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 3, 2009; on October 5, 2012, the same court issued a summary order of KRW 3 million with a fine for the same crime, etc.; and on November 8, 2016, the Defendant was sentenced to a suspended sentence of one year with imprisonment for the same crime, etc. at the same court.

1. On April 19, 2019, the Defendant, who violated the Road Traffic Act (driving) and the Road Traffic Act (Driving without a license) had the record of violating the prohibition of drunk driving twice or more as above, driving a registered 124CC Mad ATV Meba while under the influence of alcohol content of about 0.156% without obtaining a motorcycle driver’s license from the front side of C located in Namyang-si, Namyang-si, Namyang-si, B around 12:10 on April 19, 2019 to the front side of D.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder, who is the owner of the Oral Ba as stipulated in paragraph (1) that was not covered by mandatory insurance, operated the said Oral Ba at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Control photographs;

1. The suspect license ledger;

1. Before judgment: Criminal history records, reply reports, investigation reports (Evidence Nos. 18) and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act; Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutual crimes between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.