Defendant shall be punished by imprisonment with prison labor for a year and a fine of 300,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

On April 26, 2018, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court for a violation of the Road Traffic Act. On September 5, 2019, the Defendant was sentenced to imprisonment with prison labor for 4 months for an injury and one year for a suspended execution on September 17, 2019, and the said judgment became final and conclusive on September 17, 2019 and is still under the grace period.

Nevertheless, around 04:58 on August 9, 2019, the Defendant, while under the influence of alcohol of 0.173%, driven e-land without a driver’s license, which was not covered by mandatory insurance from the framework of Cbank in Guro-gu Seoul Metropolitan Government to the roads of Down-gu.

As a result, the Defendant, while driving a motor vehicle with no mandatory insurance without a driver's license, violated the prohibition of driving under the influence of alcohol twice.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of control notes, results of the control of drinking driving, mandatory insurance inquiries, and driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, references to criminal records, pre-dispositions, results of confirmation, copies of written judgments, and copies of summary orders; and

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) and Article 8 of the Guarantee of Injury to Motor Vehicle Damage;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. A crime of violating the Road Traffic Act that has been decided on the choice of punishment: A fine shall be chosen for a violation of the Guarantee of Automobile Accident Compensation Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the crime of violation of the Road Traffic Act at the time of marketing);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, the circumstances leading to drinking alcohol driving, the measurement of drinking alcohol, and the fine for drinking alcohol.