A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2004, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on June 7, 2013 as a violation of the Guarantee of Automobile Damage Compensation in the Cheongju District Court’s Assistance, and KRW 50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Assistance on October 5, 2018.

On August 24, 2020, the Defendant, without a driver’s license, driven a frocon vehicle owned by the Defendant, which was not covered by the mandatory motor vehicle insurance at approximately 10km section from the front of the cafeteria, located in the Da referred to as “C” voice Group B, to the front of the building E in the Cheongcheon-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, without a driver’s license, while under the influence of 0.16% alcohol during blood.

Accordingly, the defendant violated the prohibition of drinking driving at least twice, and driving a motor vehicle which was not covered by mandatory insurance without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into the ledger of driver's licenses;

1. Application of a reply to inquiry, such as criminal history, investigation report (report attached to the same paper of force), and statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (referred to as "driving without a license"), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (referred to as "driving without a license"), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The defendant's reasons for sentencing in Article 62-2 of the Criminal Act are as follows: (a) the same drinking driver's previous conviction is two times; and (b) the same person has violated the same kind of motor vehicle compensation security even once again; and (c) the defendant is strictly punished for each of the crimes in this case.