A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On October 10, 2007, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the Gwangju District Court’s net support on October 10, 2007, and was sentenced to a fine of 4 million won for the same crime in the same court on August 18, 2017.

1. Around 22:20 on December 28, 2019, the Defendant driven an EM5 vehicle while under the influence of alcohol by 0.109% of alcohol alcohol concentration from the section of approximately 300 meters from the front of the C alcohol house located in Chungcheongnam-gun, Chungcheongnam-gun to the front of the same military road.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of an EM5 vehicle.

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated the said car without mandatory insurance at the same date, time, and place as the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. A traffic accident report (1) (2) and evidence and photographs at the scene of a traffic accident;

1. Mandatory insurance policies;

1. Previous records: Application of Acts and subordinate statutes, such as inquiries into criminal records, investigation reports, copies of summary orders, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (it shall be taken into consideration, such as the fact that there are several previous cases, but no previous cases exceeding the fine in the past, and the

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;