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 May 8, 2008, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch on March 18, 2009, a fine of KRW 4 million for the same crime in the same court on March 18, 2009, and a fine of KRW 3 million for the same crime in the same court on November 25, 2009, and a fine of KRW 5 million for the same crime in the same court on May 27, 2013.

1. Around 10:55 on February 10, 2015, the Defendant driven a 50cc motor bicycle without a motor driver’s license, while under the influence of alcohol, at the 1km section from the Gunsan City B to the front day of the Gyeongdong in the same Si-dong.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated a 50cc motor bicycle with no number plate that was not covered by mandatory insurance at the time and place specified in Paragraph 1 as above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. A traffic accident report, a traffic accident actual investigation report, and on-site photographs of the traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The driver's license ledger (A) and the mandatory insurance policy statement (A);

1. Previous records of judgment: Inquiry records into criminal records, investigation reports (reports before the same criminal records), and application of a copy of judgment Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of operating a motor vehicle without obtaining a license for a motorcycle), 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 without insurance);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;