A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On March 26, 2013, the Defendant was sentenced to a summary order of KRW 4 million by the District Court of the Republic of Korea on the grounds of the violation of the Road Traffic Act (driving). On November 8, 2013, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for the crimes of violation of the Road Traffic Act (driving) at the District Court of the Republic of Korea on November 8, 2013.

피고인은 2017. 9. 16. 21:50경 양주시 B 앞 도로에서 혈중 알콜농도 0.192%의 술에 취한 상태로 C 포터화물차의 시동을 켠 다음 후진기어를 조작하고 엑셀레이터를 밟아 불상의 거리를 운전하였다.

2. 자동차손해배상보장법위반 피고인은 2017. 9. 16.경 양주시 백석읍 이하 불상지에서 양주시 B 앞 도로까지 의무보험에 가입되어 있지 아니한 C 포터화물차를 운행하고, 2017. 9. 16. 21:50경 양주시 B 앞 도로에서 의무보험에 가입되어 있지 아니한 위 C 포터화물차의 시동을 켠 다음 후진기어를 조작하고 엑셀레이터를 밟아 운행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Making a report on the control of drinking driving;

1. Investigation report (written statement by the reporter);

1. Previous convictions indicated in judgment: Criminal records, reply reports (A) and application of Acts and subordinate statutes to criminal records, investigation reports (a) and records of driving under the same kind of suspect;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the choice of imprisonment, respectively, with labor for the relevant criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is more severe than that provided for in Article 38 (1) 2, and Article 50 of the Criminal Act is concurrent crimes, and to the extent that the maximum term of the crimes

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for six months to two years;

2. The sentencing criteria shall be.