A defendant shall be punished by imprisonment for one year.

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

On October 1, 2015, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million for a violation of the Road Traffic Act (refluence of drinking), and a fine of KRW 2 million by the same court on March 14, 2017.

1. On October 16, 2020, the Defendant driven C C CT 100 cc under the influence of alcohol concentration of about 0.075% at a section of about 6.5 km to the front road of Busan Cheong-gun, Busan Cheong-gun, Busan Cheong-gun, Busan, about 00:4 on October 16, 2020.

Accordingly, Article 44(1) or 44(2) of the Road Traffic Act was violated at least twice.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act operated the above urine, which did not subscribe to mandatory insurance at the above date and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. 112 A list of reported cases;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and each of imprisonment options with labor;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of confession and alcohol level during blood transfusion, automobiles driving, the environment of the defendant, etc.);

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;