A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 29, 2008, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the support of the Incheon District Court in Incheon District Court on September 29, 2008, and on December 17, 2010, the Defendant was sentenced to a suspended sentence of eight months or more due to a violation of road traffic law in the Incheon District Court Branch of the Incheon District Court on December 17, 201, and was sentenced to a suspended sentence of two years or more for a violation of road traffic law (driving of alcohol).

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as seen above, the Defendant driven a B EF rocketing car under the influence of alcohol content of 0.164% in the state of alcohol 0.164% from the front day of the Joseon-si, Masan-si, Asan-si, Sinsan-si on April 18, 2018 to the front road of the Young ENG located in the 226 U.S. Sinsan-si, Asan-si.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of BF rocketing motor vehicle.

Although the owner of a motor vehicle is prohibited from operating a motor vehicle on the road that is not covered by mandatory insurance, the defendant operated the motor vehicle at the same time, place, such as the foregoing paragraph 1, and the foregoing EF rocketing motor vehicle that is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and 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 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is 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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the driving of an order to provide community service and attend lectures.