A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 13, 2016, the Defendant was issued a summary order of KRW 7 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving in drinking), etc. on the grounds of a violation of the Road Traffic Act, and on December 15, 2015, the Defendant was issued a summary order of KRW 6 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (driving in drinking) at the Changwon District Court's Jinju branch on August 20, 2014. On October 16, 2009, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving in drinking) at the Changwon District Court's Jin Branch branch on the ground of a violation of the Road Traffic Act.

[Criminal facts]

1. On August 31, 2017, the Defendant violated the Road Traffic Act (driving alcohol) and the Road Traffic Act (driving without a license) driving a C c nose in the section of about 1km from the road in front of the tri-distance in the direction of the head of Si/Gun/Gu to the road located in the direction of the answer tri-distance on the side of Si/Gun/Gu, without obtaining a driver’s license, while under the influence of alcohol level of 0.127% from the blood alcohol level of around 20:20 on August 31, 2017.

2. A person who violates the Guarantee of Automobile Compensation Insurance Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, but the defendant operated the motor vehicle in which he/she holds without mandatory insurance at the same time and place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. An inquiry into the enemy and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to such previous convictions and report);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (Article 148-2 subparag. 2, Article 46 subparag. 2, and Article 8 of the Guarantee of Automobile Compensation Act)