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 September 30, 2004, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Young-gu District Court’s Young-gu District Court’s territorial branch on January 27, 2005, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Young-gu District Court’s territorial branch on January 27, 2005, and on June 24, 2010, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) was issued.

1. Around 17:45 on January 8, 2020, the Defendant was under the influence of alcohol with a maximum of 0.085% alcohol level, and the Defendant driven a e-mail 100 obbb in the direction of the D bus platform from the front of the Defendant’s residential area located in Chungcheongnam-gun B to the front of the D bus platform located in Chungcheongnam-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road on which the mandatory insurance provided in the Guarantee of Automobile Accident Compensation Act is not subscribed;

Nevertheless, the Defendant operated the Oral Ba which was not covered by mandatory insurance, such as the date, time, place, etc. mentioned in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and internal investigation report;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking driving, report on the situation of a drinking driver, report on the actual condition of a drinking driver, inspection report on the actual situation, and mandatory insurance;

1. Each photograph;

1. Previous records before ruling: Criminal records, reply reports, and application of Acts and subordinate statutes applicable to criminal records, investigation reports, and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a sentence, and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating automobiles which are not mandatory insurance, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be the penalty specified for the violation of the Road Traffic Act with heavier penalty (the punishment specified for the sound driving crime);