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

On March 7, 2017, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Jung-gu District Court on March 7, 2017, and on December 18, 2012, the court issued a summary order of KRW 5 million for the same crime.

【Criminal Facts】

At around 03:30 on October 7, 2019, the Defendant, while under the influence of alcohol of 0.109% of blood alcohol concentration, driven Cina car in the section of about 40 km from the day before the penta-gun located in the B of the Ganwon Hawon-gun to the road before about 10 meters of the access road to the residence of the Defendant located in Gangwonwon Hawon-gun.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

On March 7, 2017, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on March 7, 2017; on December 18 of the same year, the same court issued a summary order of KRW 5 million for the same crime; and on December 30, 2019, the Defendant was charged with non-detained for the same crime with the District Court on December 30, 2019.

(2019 Highest 5861) . [Criminal Facts]

1. Around December 18, 2019, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) provided that the Defendant driven a 100-motor bicycle without a license under the influence of alcohol concentration of approximately 0.075%, without obtaining a driver’s license, at a section of about 1km from the front side of the steel Hawon-gun of Gangwonwon to the front road of D.D. on December 18, 2019.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the above-registered motor bicycle 100 motorcycle, operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

[2019 Highest 5861]

1. The driver who is notified of the result of the defendant's legal statement driving control; and