A defendant shall be punished by imprisonment for two years.

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 December 12, 2008, the Defendant was notified of a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and on August 12, 201, the Defendant was notified of a summary order of KRW 4 million for the same crime at the Daegu District Court on August 12, 201, and on June 12, 201, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime at the same court.

On April 15, 2020, at around 09:28, the Defendant driven a cknife vehicle under the influence of alcohol content of about 0.137% from the 2km section from the 15th of Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul to the front road of the Dongdaemun-gu, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of Grandland Royman’s passenger car.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

The Defendant, at the time and place specified in paragraph (1), operated the foregoing van without mandatory insurance.

Summary of Evidence

1. The defendant's legal statement, the report on his oral statement, the investigation report (report on the circumstances of the drinking driver), the inquiry into the records of the crackdown on the drinking driving, the mandatory insurance inquiry, and the following inquiry:

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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

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 the records of the criminal defendant's punishment for drinking driving, the level of drinking alcohol, and the circumstances leading to the crime of drinking driving in this case.