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.

Criminal facts

1. Around 18:50 on September 18, 2020, the Defendant driven a driver’s license 124.9 cc., with no license for a motor vehicle under the influence of alcohol level of about 0.221% from the section of about 1km from the front side of C in the south-gu, Nam-gu, Posi-si, and the road under the influence of alcohol level from September 18, 202 to D.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of the above saccine.

No motor vehicle which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the defendant operated the above Bao-Ba, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the Korea Automobile Accident Report, report on the occurrence of traffic accident, photographs of accident site, report on the results of the drinking driving control, report on the actual state of drinking drivers, report on the actual state of traffic accident, register of driver's licenses,

1. Relevant statutory driving for a crime: The point of driving without a license under Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act: The point of operating without compulsory examination under Articles 154 subparagraph 2 and 43 of the Road Traffic Act: the point of operating without compulsory examination under Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes of violation of Articles 40 and 50 of the Criminal Act ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act: Punishment to be imposed on the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the crimes of violation of the Road Traffic Act with heavier punishment plus the long term of the said two crimes) among concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The value of alcohol concentration for the reason of sentencing Article 62-2 of the Criminal Act is the probation and the order to attend lectures.