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

Criminal power is a person who has received a fine of two million won or more for a violation of the Road Traffic Act from the original branch of the Chuncheon District Court on June 25, 2009, and a fine of one million won or more for the same crime in the same court on December 30, 2009.

Criminal facts

1. 도로교통법위반(음주운전) 피고인은 2014. 6. 28. 21:00경 횡성군 횡성읍 읍하리에 있는 멕켄치킨 앞 도로에서부터 같은 리에 있는 그린장여관 앞 도로에 이르기까지 약 100m 구간에서 혈중알콜농도 0.151%의 술에 취한 상태로 B 포터초장축더블캡 차량을 운전하였다.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

2. 자동차손해배상보장법위반 피고인은 B 포터초장축더블캡 차량의 보유자인바, 2014. 6. 28. 21:00경 횡성군 C에 있는 피고인의 집 앞 도로에서부터 같은 군 횡성읍 읍하리에 있는 멕켄치킨 앞 도로를 거쳐 같은 리에 있는 그린장여관 앞 도로에 이르기까지 약 8km 구간에서 의무보험에 가입되어 있지 아니한 위 차량을 운행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Previous records: Criminal records, attachment of a summary order of criminal records to suspects, and application of Acts and subordinate statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the occupation of running a motor vehicle, the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of operating a motor vehicle which is not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

1. The Criminal Act, the suspension of execution;