A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 11, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on the ground that the Defendant violated the Road Traffic Act.

【Criminal facts” around July 30, 2020: (a) around 4:14, the Defendant driven an Ebluri vehicle while under the influence of alcohol leveling 0.230% of alcohol level in the 1km section from around C in Gangseo-gu Seoul Metropolitan Government to the front road of Gangseo-gu Seoul Metropolitan Government D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is a holder of an automobile in Ethluri.

In spite of the fact that no one is operating a motor vehicle which is not covered by mandatory insurance on the road, the defendant operated the motor vehicle without being covered by mandatory insurance at the date and place specified in paragraph (1) above.

Summary of Evidence

1. Defendant’s legal statement

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report (report on the circumstances of the driver at home), notification on the results of crackdown on the driving of drinking, and investigation report (revision of the distance);

1. An inquiry into the enemy and mandatory insurance;

1. Records of judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 of the relevant Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he had had the record of punishment for driving under drinking, as stated in the judgment of the court, again committed the instant crime.

The defendant's blood alcohol concentration is very high.

The defendant recognizes the crime of this case and reflects it.