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 27, 2008, the Defendant was sentenced to a suspended sentence of two years and a fine of 300,000 won in October, 200, by a Jeju District Court for the violation of the Road Traffic Act.

1. Notwithstanding the fact that the Defendant violated Article 44(2) of the Road Traffic Act as above, the Defendant driven a non-registered 125 % of the blood alcohol concentration in the section of about 1km from the roads near the city of Seopopopo-si in Seopo-si, Seopo-si to Seopo-si B, Seopo-si, Seopo-si, and from October 24, 2019 to Seopo-si, Seopo-si.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated an unregistered diade without any number plate, which was not covered by mandatory insurance at the same time and place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the status of a drinking driver, inquiry into the results of the crackdown on drinking driving, and offender's destination;

1. Previous records: Criminal records, etc. and inquiries and investigation reports and the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act (the occupation of running a motor vehicle, the choice of imprisonment), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the occupation of operating a motor vehicle which is not mandatory insurance and the choice 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognized the defendant's mistake and reflects the defendant's wrong, the criminal records prior to a fine due to a drunk driving and one-time criminal records prior to a suspended sentence of execution and one-time criminal records included in the crime of refusing to measure drinking, and other records and arguments of this case, such as the defendant's age, character and conduct, environment, means and result of the crime, and circumstances after the crime.