A defendant shall be punished by imprisonment for not less than one year and six months.

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

【Criminal Power】 On October 25, 2007, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with labor for a violation of the Road Traffic Act in the Daejeon District Court’s collegiate Branch.

【Criminal Facts】

1. On August 18, 2019, the Defendant driven a CA110 Oralb in the state of alcohol alcohol concentration of about 0.118% in the section of approximately 6km from the field near dry field located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front day of D elementary school located in the same city C from around 20:53.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of ECA 110 Obama as stated in paragraph (1) above.

No motor vehicle owner shall operate a motor vehicle that has not been covered by mandatory insurance.

Nevertheless, the Defendant operated Obama without purchasing mandatory insurance at the date, time, and place mentioned in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (former records and confirmation), judgment, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, 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;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances in which the previous case and the order to put a probation or attend a lecture are favorable to the fact that it appears that the previous case and the order were committed in good faith after 2007, and the defendant's age, character and conduct, environment, criminal records, circumstances of crimes, and circumstances after crimes, etc., shall be determined as ordered by taking into account all the conditions of sentencing specified in the arguments