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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On October 19, 2010, the Defendant violated the Road Traffic Act (drinking driving), at the Daegu District Court and its Daegu District Court and its racing support, issued a summary order of KRW 1,50,000,000 as a fine for the same crime; on July 4, 2012, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime; and on November 16, 2012, the same court was sentenced to a suspended sentence of two or more times for a crime of violation of the Road Traffic Act (drinking driving) at the same court.
Nevertheless, on August 9, 2015, at around 02:40, the Defendant driven a C Tyra XG car with approximately 3km alcohol content of 0.121% while under the influence of alcohol from around 3km to the front road of the “the department of the pain of Sil-si anesthesia,” located in Seo-dong, Seo-si, Young-si.
2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of the said Twork XG car.
No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.
Nevertheless, the defendant operated the car that was not covered by mandatory insurance as stated in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of the result of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, and inquiry report on mandatory insurance;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of a record of punishment twice or more due to a suspect's drinking driving)-related statute;
1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing mandatory insurance and the choice of imprisonment);
1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes];
1. The Criminal Act for mitigation of quantity;