A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal history] On November 11, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of road traffic law at the Daejeon District Court, and on July 20, 2018, the same court issued a fine of KRW 3.5 million for the same crime, etc.

[Criminal facts]

1. On June 10, 2018, the Defendant, while under the influence of alcohol at around 19:26, the Defendant driven the Esch Rexton car from approximately 50 meters from the road front of the non-mutual convenience store located in Daejeon Jung-gu, Daejeon to the road front of the same Gu, while under the influence of alcohol at around 0.208% during blood.

2. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated Esch Rexton car which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. 112 A list of reported cases;

1. Inquiry into mandatory insurance;

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

1. Notification of the results of regulating drinking driving;

1. Reporting of the previous conviction of the disposition and results thereof;

1. Investigation report (Attachment to the same type of power);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (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 failing mandatory insurance, the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Even though the defendant had the record of two times of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures, the crime of this case is committed again, and the drinking level is very high, and the circumstances leading up to the occurrence of the crime of this case are considered, the defendant's responsibility is unfortunate, and the defendant is the defendant.