A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On January 27, 2010, the Defendant was sentenced to a fine of KRW 4 million by the Jeju District Court for a violation of the Road Traffic Act.

1. Around September 25, 2019, the Defendant violated the Road Traffic Act (driving) provisions on the prohibition of drinking under the influence of alcohol twice by driving a 49c occ under the influence of alcohol while under the influence of alcohol at approximately 0.314% of the blood alcohol concentration from the C cafeteria located in Seopo City B to the D market.

2. Violation of the Road Traffic Act (free license) driving of the Defendant, at the time and time set forth in paragraph (1) through the restaurant specified in paragraph (1), from the Defendant’s house located in E at Seopopopopoposi, to the recorded D market, without obtaining a driver’s license from approximately 500 meters.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, the Defendant operated an erroneous part of Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), notification on the control of drinking and driving, and the register of driver's licenses;

1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind as a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, Article 43 of the Road Traffic Act, Article 46 (1) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act.