However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On November 1, 2016, the Defendant was issued a summary order of KRW 2 million by the Busan District Court due to a crime of violation of the Road Traffic Act.

On August 1, 2019, at around 17:45, the Defendant, who had been punished for drunk driving, driven a 125CC which was not covered by mandatory insurance at a section of about 500 meters from the Defendant’s residence located in Busan B to the front road located in Busan B, with the blood alcohol concentration of about 0.175%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquirying the results of the drinking driving control, and mandatory insurance;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;