A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On October 24, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court, and on March 23, 2018, issued a summary order of KRW 4 million for the same crime at the Seoul Central District Court.

1. Around 08:02 on February 5, 2019, the Defendant driven a CMW 118d car while under the influence of alcohol with 0.130% of alcohol concentration 0.130% without obtaining a driver’s license from the mutual influence house in Gangnam-gu Seoul Metropolitan Government to the roads in front of Gangnam-gu Seoul.

As a result, the defendant is driving a motor vehicle without obtaining a driver's license at the same time, and has violated the Road Traffic Act prohibition regulations at least twice, and driving a motor vehicle under the influence of alcohol again in violation of the above prohibition regulations.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a person who owns CMW 118D.

In spite of the fact that a motor vehicle owner is prohibited from operating a motor vehicle on a road without mandatory insurance, the Defendant operated the said motor vehicle without mandatory insurance at the date and place specified in paragraph (1) above.

Accordingly, the defendant operated a motor vehicle which was not covered by mandatory insurance on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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