A defendant shall be punished by imprisonment 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

[criminal power] On November 3, 2009, the defendant was issued a summary order of a fine of three million won due to the violation of the Road Traffic Act in the Gwangju District Court's net support on November 3, 2009, and on January 21, 2009, the defendant was sentenced to imprisonment for 8 months for the violation of the Road Traffic Act and 3 years for suspended execution, and there are six times for the same drinking driving force.

【Criminal Facts】

On April 11, 2019, at around 21:30, the Defendant driven a motor vehicle with approximately KRW 1 km from the front of the Hasung-gun B to the front of the Dhigh School located in C, without purchasing a mandatory motor vehicle insurance policy, while under the influence of alcohol concentration of approximately 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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); Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and choice of imprisonment, respectively, with prison labor;

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

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

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

1. On the other hand, under the unfavorable circumstances such as the fact that probation, an order to attend a lecture, or an order to attend a community service order has the same record of sentencing reasons under Article 62-2 of the Criminal Act, and the fact that blood alcohol content is very high, etc., the Defendant recognized and reflects the Defendant’s crime, and other factors such as the Defendant’s age, character and behavior, environment, occupation, motive and consequence of the crime, and the circumstances after the crime, etc., the sentence as ordered