A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On May 31, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Chang Branch on the ground of a violation of the Road Traffic Act. On November 30, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (dacting driving) at the Changwon District Court's Chang Branch on the ground of a violation of the Road Traffic Act. On May 8, 2013, the Defendant was sentenced to imprisonment for one year and two years of probation.

In addition, on May 28, 2014, the defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Changwon District Court's Changwon District Court's branch branch, and on June 5, 2014, the judgment becomes final and conclusive and is currently under suspended execution.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B-learning car not covered by mandatory insurance on October 18, 2015, from the front of the Red public restaurant in the Dong-dong, Chang-gun, Chang-gun, Seoul, to the central intersection located in the same Ri, around about 2 km to the road located in the same Ri, while under the influence of alcohol concentration of about 0.074% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (the previous and attachment of the judgment, previous convictions, and previous convictions in suspension of execution);

1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating cars which are not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) ;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;