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

On April 19, 2019, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on April 19, 2019.

1. On April 29, 2020, at around 18:35, the Defendant driven DFC125 U.S. under the influence of alcohol concentration of approximately 0.126% from the 3km section from the Do in front of the Siljin-si to the front of the Siljin-si, to the Guljin-si road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. A motor vehicle owner in violation of the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on a road without mandatory insurance. However, the Defendant operated the said DFC125 Ba, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. The actual condition survey report;

1. Mandatory insurance reports on the control results of drinking driving, and on the circumstantial statements of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, 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. The sentencing conditions of the defendant's like criminal records, the degree of the principal offender, the circumstances of driving, distance, etc., the age, character and conduct, environment, etc. of the defendant for the reasons of sentencing under Article 62-2 of the Criminal Act shall be determined as the