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

On August 21, 2012, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

1. Around 05:40 on February 18, 2020, the Defendant driven a DNS car while under the influence of alcohol concentration of 0.047% on the front of C in lightyang City B.

2. On February 18, 2020, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the said car without mandatory insurance on the front road located in the Danyang-si B, a holder of the DNS car; and (b) around 05:40 on February 18, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. List of mandatory insurance policies 112 reported cases;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (a summary judgment attached to the same type of power), application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a history of being subject to criminal punishment for drunk driving, and in particular, it is very negative that he/she drives a vehicle not covered by mandatory insurance without being aware of the fact that he/she drives a vehicle without being aware of the fact that he/she was sentenced to imprisonment for 4 months on June 27, 2019 and one year of suspended execution under the Electronic Financial Transactions Act.

[At present, the period of probation has expired. However, the defendant seems to have an attitude that he would not drive under the influence of alcohol again while reflecting his depth on his mistake, and this case is concerned.