A defendant shall be punished by imprisonment for one year.

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 October 24, 2017, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s Jinju branch, and a fine of three million won due to the same crime in the same court on April 23, 2018.

【Criminal Facts】

1. On August 2, 2019, the Defendant, while under the influence of alcohol at a 0.181% alcohol level around August 23:10, 2019, driven Efranchising car at a section of about 1km from the vicinity of Kimhae apartment to the D convenience store located in C.

As a result, the defendant, who was punished for the violation of the Road Traffic Act, was driving a motor vehicle under the influence of re-driving.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an Eran vehicle without mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with labor for each type of crime;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:

Circumstances that are disadvantageous: The defendant's life and safety are high by driving in a state of chronic alcohol (0.181% of blood alcohol concentration) and causing traffic accidents.