A defendant shall be punished by imprisonment for one year.

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

1. On October 26, 2016, the Defendant: (a) driven B Poter II cargo under the influence of alcohol leveling 0.217% in the direction of approximately 2.5 km from the front of the cafeteria at the Mancheon-si, Eup, the draft of the Mancheon-si, to the front road of the 95-fluor-ro Man-si, Eup, Mancheon-si; (b) on October 26, 2016, the Defendant was under the influence of alcohol leveling 0.217% in alcohol level.

2. No owner of a motor vehicle who has violated methods of paying damages for motor vehicle shall drive any motor vehicle on a road unless mandatory insurance is subscribed;

Nevertheless, the defendant was driving the above B Poter II cargo vehicle that did not purchase mandatory insurance at the time and place mentioned in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance), and selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: The records of punishment for a violation of traffic laws on three occasions, records of punishment for a violation of traffic laws on one occasion, records of criminal punishment for a violation of traffic laws on the same road, previous convictions of the same kind (in cases where the distance from the previous judgment of suspended execution to the crime of this case exceeds ten years), and the decision of sentence of reflectivity and favorable circumstances: The defendant's age, sex behavior, environment, motive for the crime, circumstances after the crime, etc. shall be taken into consideration;