A defendant shall be punished by imprisonment for one year.

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 November 20, 2014, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Daejeon District Court.

1. On October 9, 2019, the Defendant: (a) driven Daone Star or Car under the influence of alcohol with a blood alcohol content of about 0.115% from the 13km section of around 13 km from the Do preceding Daejeon Pungdong B to the dead-dong 636, Daejeon Pungdong; (b) around October 9, 2019.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of Lone Star or Gohap.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant operated the foregoing van without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report, notification on the results of the control of drinking driving, and mandatory insurance, respectively;

1. Application of the Acts and subordinate statutes to inquiry reports and summary orders;

1. Relevant Acts concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8;

1. Selection of each sentence of imprisonment;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished by a fine of KRW 4 million for drunk driving in 2014; and (b) the Defendant was punished by a fine of KRW 500,000 for the violation of the Guarantee of Automobile Accident Compensation Act in 2016; (c) the Defendant committed each of the instant crimes; (d) however, the Defendant recognized the mistake and reflects it; and (e) the Defendant’s age, character and conduct, family relationship, motive and background of the offense, means, and consequence of the offense, such as the circumstances after