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 September 3, 2012, the defendant was sentenced to a summary order of KRW 5 million for a crime of violation of road traffic law at the Changwon District Court on September 3, 2012. On January 21, 2014, the defendant was sentenced to a suspended sentence of two years for a period of eight months for a crime of violation of road traffic law at the Changwon District Court.

[2] On May 8, 2017, at around 15:50, the Defendant driven a non-registered 49cc occ., not covered by mandatory insurance under the influence of alcohol 0.227% from the section of approximately 5 km, from around 15:50 to the front route of the coastal gas station in the same city, as from the French land located in the father-dong of Kimhae-si, Kimhae-si to the Fri-si. 820-16.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle without mandatory insurance in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. A survey report and a response to a request for appraisal;

1. Bluice stuffs images, traffic accident photographs;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (the same type of crime records);

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 operating cars which are not mandatory insurance and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

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 suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation has already been committed by the Defendant without being aware that he had been punished four times in total due to drinking driving, including two times of suspended sentence of imprisonment.

The influence of alcohol is severe, and the actual traffic accident was caused by its influence.

(b).