A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 30, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor or 2 years of suspension of execution for the crimes of violation of the Road Traffic Act, etc. at the Changwon District Court was sentenced to 10 months of imprisonment with prison labor or 2 years of suspension of execution on September 23, 2016. On November 2, 2017, the Defendant was sentenced to a fine of 3 million won for the crimes of violation of the Road Traffic Act (driving) at the Changwon District Court was sentenced to 200,000 won.

【Criminal Facts】

1. On September 29, 2019, the Defendant: (a) driven an EK 3 vehicle while under the influence of alcohol by 0.143% of alcohol concentration from the parking lot front of Kimhae-si, Kimhae-si to the front road; (b) around 11:15, 2019, the Defendant driven a vehicle with approximately 700 meters section from the parking lot front of the Kimhae-si, Kimhae-si to D, without obtaining a driver’s license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not mandatory insurance;

The Defendant operated the said K3 car at the same time and place as that set forth in the preceding paragraph, and without purchasing mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking-driving, report on the circumstances of the drinking-driving driver, investigation report (report on the circumstances of the drinking-driving driver), and mandatory insurance association;

1. Criminal records: Criminal records, inquiry reports, confirmation of related cases, list of related cases, and application of statutes of the judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Criminal Act for probation, community service and order to attend lectures;