The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Punishment of the crime

On September 14, 2018, the Defendant was issued a summary order of 1,500,000 won by a fine for violating the Road Traffic Act, etc. in the Hongsung Branch of Daejeon District Court.

At around 20:30 on September 10, 2019, the Defendant, who violated Article 44(1) of the Road Traffic Act, driven a f SL125 Obab, who was not covered by mandatory insurance in the state of alcohol at approximately 0.076% in the section of approximately 200 meters from the Do in front of the E Hospital located D, Hong-gun, Hong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (a point of sound driving), 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined by comprehensively taking into account the following factors: the reason for sentencing under Article 62-2 of the Criminal Act; the need for the elimination of social harm and harm caused by drinking alcohol; the degree of blood alcohol level of the instant case; the Defendant was punished by a fine for a crime similar to that of the instant case in 2018; the vehicle driven by the Defendant is urbane; the Defendant’s failure to repeat the offense; and the Defendant’s age, family, health, criminal record, etc.;