A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On February 1, 2013, the Defendant was punished for driving under the influence of alcohol on at least two occasions by being sentenced to a fine of KRW 4.5 million for a violation of the Road Traffic Act (driving under the influence of alcohol) at the Seosan Branch of the Daejeon District Court on February 1, 2013, and a fine of KRW 6 million by the same court on January 12, 2018.

【Criminal Facts】

1. On February 17, 2019, the Defendant driven a EDap car without a driver’s license, from the front side of the bus stops C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do to the front side of the same city, with approximately 20 meters alcohol level of about 0.207% in the section of about 20 meters, from the road in front of the bus stops C and the road in the same city.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above EM car which is not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on the occurrence of traffic accidents;

1. A manual for drinking control;

1. Notification of the result of the drinking driving control;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. The driver's license ledger;

1. Mandatory insurance policies;

1. Photographs of an accident vehicle;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, Daejeon District Court Decision 2012 High Court Decision 5358, and summary orders;

1. Relevant law concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;