A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On April 5, 2007, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on the same support on January 30, 2009, a fine of KRW 2 million as a crime of violating the Road Traffic Act, etc. In the same support on October 8, 2009, the Defendant was sentenced to a summary order of KRW 10 months and a suspended sentence of two years.

Although the Defendant violated the provision prohibiting drinking driving twice or more as above, on May 14, 2019, at around 14:22, the Defendant driving a two-wheeled vehicle with CIT 100G two-wheeled under the influence of alcohol at approximately 500 meters from the front of the C cafeteria located in Kimcheon-si B to the front of the E cafeteria located in D, and without a license plate at least 0.246% of alcohol level.

2. No owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

The Defendant, as a holder of a CITI100G two-wheeled automobile with no number plate, operated the said automobile that was not covered by mandatory insurance as above at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the results of the drinking driving control, and field photographs;

1. Investigation report (verification as to whether a suspect has subscribed to insurance or not, etc.);

1. Previous convictions in judgment: Criminal history records, inquiry reports, each judgment, and application of summary order statutes;

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; Act No. 16037, Jun. 25, 2019); Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act; Articles 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and choice of imprisonment for each sentence of imprisonment;

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

1. Suspension of execution is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.