A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Violation of Traffic Act (Drinking in 2010): Violation of Traffic Act (Drinking in 2015): A fine of three million won: A fine of five million won for violation of Traffic Act (Drinking in 2015): A fine of five million won (Discretionary in 2014): 6 months of imprisonment with labor; 2 years of suspended execution; 2 years of imprisonment with labor; 2 years of probation and observation; 3 million won for the violation of the Act on Traffic

1. Defendant 1 was under the influence of alcohol level 0.161% during blood transfusion, Defendant 2 driven B 5 km from around July 9, 2018 to the roads front of the water purification station located in the same city living in the cirrative zone, from around 23:55 on July 9, 2018, to the roads front of the gas station located in the same city.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above B Poter II freight on the road, which was owned by the defendant who was not covered by mandatory insurance at the time and place described in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant legal provisions and Articles 148-2(1)1, 44(1)2, 46(2)2, and 8 main text of Article 46(2) of the Guarantee of Automobile Damage Compensation Act concerning facts constituting an offense, and imprisonment with prison labor;

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. Sentence of one year by imprisonment with prison labor for the former sentence of Article 53 and Article 55 (1) 3 of the Criminal Act to be mitigated for a minimum amount of punishment: The punishment of imprisonment with prison labor for a period of six months: The risk of driving under drinking or non-insurance vehicles, high blood alcohol level, accumulated criminal records of the same kind (in addition, once a fine for a violation of the Guarantee of Compensation for Motor Vehicles is imposed on the previous conviction and a violation of the Guarantee of Compensation for Motor Vehicles). Reasons for mitigation, such as confession, age, difficulty in living, etc.;