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

On December 21, 2009, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Busan District Court. On May 23, 2014, the Defendant was issued a summary order of KRW 7 million with the same crime in the Busan District Court’s Dong Branch Branch.

1. On August 30, 2015, the Defendant was driving a Category B motor vehicle at a section of approximately 200 meters from a dry field in front of the Sod field park in Busan Gangseo-gu to the second front of the 2nd unit of the 6339 military unit, without obtaining a driver’s license under the influence of alcohol concentration of 0.22% of the blood alcohol level at around 14:36 on August 30, 2015.

2. The owner of a motor vehicle violating the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle which was not covered by mandatory insurance, but the Defendant driven the motor vehicle without mandatory insurance at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and a report on the circumstances of a driver's driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous record: A copy of summary order and the application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 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 Act on Guarantee of Automobile Accident Compensation;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments for the crimes of violating the Road Traffic Act with heavier punishment and the punishment prescribed for each such crimes) ;

1. Discretionary mitigation;