A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 14, 2008, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Seowon District Court's Branch on May 14, 2008. On June 26, 2008, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for a violation of the Road Traffic Act (drinking driving) at the Suwon District Court's Pyeongtaek District Court's House on June 26, 2008. On February 5, 2015, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (drinking driving) at the Suwon District

1. On September 23, 2017, the Defendant: (a) driven a two-wheeled automobile not covered by mandatory insurance on September 23, 2017, with approximately 3km alcohol content of 0.358% at the section of approximately 0.358% in front of the window-distance located in Pyeongtaek-si from the roads near the galloping Eup of Pyeongtaek-si on September 23, 2017 to the roads adjacent to the creative distance located in Pyeongtaek-si 88-15.

2. On September 24, 2017, the Defendant: (a) driven a two-wheeled vehicle without mandatory insurance on September 24, 2017 under the influence of alcohol content of about 0.273% at the distance of about 10km in front of the 10km driving school, which is located in the 21st road of Pyeongtaek-si 204, in the direction of Pyeongtaek-si’s 204, Pyeongtaek-si Ba; (b) from September 24, 2017, the Defendant was driving a two-wheeled vehicle at the time of non-registration, which is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Mandatory insurance inquiries (Evidence 22 pages);

1. Reporting of a traffic accident (2) - (actual survey report);

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 46 (8) of the Guarantee of Automobile Damage Compensation Act (the point of operating a vehicle with no mandatory insurance) and selection of imprisonment, respectively, concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are recognized and contradictory to the reasoning for sentencing. However, the fact that a person drives a motor vehicle in the state of drinking without being aware of it during the period of suspension of the execution and without being aware of it, and there is a history of six times criminal punishment due to drinking driving.