A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

1. On December 6, 2016, the Defendant was notified of a summary order of a fine of three million won for a crime of violating the Road Traffic Act, etc. at a district court of the would be sentenced to a suspended sentence of two months in imprisonment with prison labor for a crime of violating the Road Traffic Act, etc. at a district court of the would be sentenced to a suspended sentence of two years in July 27, 2012.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, the Defendant driven a mixed-wheeled vehicle with no registration under the influence of alcohol content of 0.169% at approximately 1.5 km from the fluent area between the fluent area of not more than 21:48 on May 2, 2019 to the fluent road in Yangju-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a two-wheeled vehicle under paragraph (1) which was not covered by mandatory insurance at the date and place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Stobane photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the choice of imprisonment, respectively, with prison labor;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment provided for in the provisions of the Road Traffic Act which are heavier than the punishment, and it shall be limited to the extent that the punishment is aggregated with the long-term punishment of two crimes];

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of punishment by law: Imprisonment for six months to two years;

2. No sentencing criteria shall be set;

3. The defendant who has rendered a sentence shall be sentenced to the crimes of violation of the Road Traffic Act around 2012.