A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On August 17, 2016, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violating the Road Traffic Act. On August 24, 2017, the same court was sentenced to imprisonment for eight months and two years of suspended execution.

On April 8, 2020, at around 12:12:12, the Defendant driven a motor vehicle in the E-type under the influence of alcohol with approximately 0.182% alcohol concentration at the section of about 25km from the 25km-si of Gwangju Northern District to the roads adjacent to the Djuju City, Jeonnam-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a car in the E-Spo-type which was not covered by mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Previous records: Application of the Act and subordinate statutes to refer to inquiry reports, such as 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, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each type of punishment;

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

1. Considering that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times the Defendant’s ability to engage in the same kind of crime due to drunk driving, and that the Defendant has been sentenced to a suspended sentence of imprisonment for one of the two times, a vehicle not covered by mandatory insurance is driven in the state of taking over, choice of imprisonment is inevitable.

Furthermore, at the time of committing the instant crime, the blood alcohol concentration, the background leading up to the drunk driving, the distance and place of the drunk driving, and the Defendant’s mistake.