A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On February 2, 2012, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jinwon District Court’s Jinju branch on February 2, 2012, and on November 2, 2016, the Defendant was issued a summary order of KRW 3 million for the same crime.

[2] On April 15, 2017, at around 21:40, the Defendant driven a non-registered 49cc., without mandatory insurance, under the influence of alcohol level of about 0.147% at the 1km section before the Changwon-si, 559, Changwon-si, Masan-ro, Masan-ro, 559, in front of the school affairs in Changwon-si, Masan-si, Masan-ro, 340.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Inquiry into information on non- mandatory insurance policy;

1. Previous convictions: Application of inquiry replys, such as criminal history, and investigation reports (Attachment of summary order of drinking driving force) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the violation of the crime of this case and the absence of any record of being sentenced to imprisonment or heavier punishment for the same crime);

1. An order to attend a course under Article 62-2 of the Criminal Act;