A defendant shall be punished by imprisonment for one year.

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 28, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act, and on April 24, 2017, the Defendant was issued a summary order of KRW 2.5 million by the same court as the same crime.

【Criminal Facts】

1. On March 22, 2019, at around 22:45, the Defendant driven a e-learning car under the influence of alcohol content of about 100 meters from the road front of the Cju store located in Kimhae-si B to the G hotel parking lot in Kimhae-si, while driving the e-learning car under the influence of alcohol of about 0.232%.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol in violation of the regulations on prohibition of drunk driving at least twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of an E-learning passenger car.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said car without purchasing mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal, reports on blood alcohol appraisal, and inquiry into the results of the control of drinking driving;

1. Ctv images;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Criminal history records, reply reports, and application of each summary order-related statute;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant committed a second offense without being aware of the past three years even though he/she had been punished twice due to drinking driving.

The degree of alcohol under the influence of alcohol is also 0.232%.