A defendant shall be punished by imprisonment for not less than eight 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

[J] On August 8, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court. On November 26, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

[Criminal facts] The Defendant is a person who is engaged in driving service with the first car in B, and a holder of the said car.

1. On August 26, 2015, the Defendant, while under the influence of alcohol at around 02:25, the Defendant driven the string-man car at a section of approximately 300 meters from the road front of the building on which the training-dong in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, on the one hand, 0.121% of the alcohol level during blood transfusion, to the front of the building on which the 109 driver was on board, as the vehicle’s competence in the same Gu’s office.

2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, who did not subscribe to mandatory insurance, was driving the first car at approximately 300 meters at the date, time, and place of the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 48-2 (1) 2 of the same Act, Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (2) of the same Act concerning the operation of a vehicle which is not mandatory insurance);

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the violation of a crime, and the absence of any record of criminal punishment exceeding a fine, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

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