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

In the Daegu District Court on September 3, 2010, the Defendant received a summary order of KRW 2.5 million on September 3, 2010 from the Daegu District Court on September 3, 201, as well as a summary order of KRW 5 million on November 2, 2018, respectively.

1. Around 18:50 on October 25, 2018, the Defendant driven a motor bicycle under the influence of alcohol level of 0.187% at a section of about 500 meters, without obtaining a motorcycle driver’s license, from the Do preceding the main point of C in Busan Metropolitan City, to the intersection of the E-Road in D, at approximately 500 meters.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate an automobile unless he/she purchases mandatory insurance;

Nevertheless, the Defendant operated FOba with no mandatory insurance policy at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, reply reports on criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of the same kind of force);

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act at the time of marketing and the crimes of violation of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. The Criminal Act;