A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On December 6, 2012, the Defendant received a summary order of KRW 4 million from the Seoul Southern District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and on May 26, 2014, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court.

【Criminal Facts】

On November 25, 2018, at around 21:20, the Defendant driven a BM5 vehicle not covered by mandatory insurance in a state of alcohol alcohol concentration of about 0.093% from a distance of about 2 km from the French-dong (hereinafter referred to as "SM5 vehicle") to the roads in front of the Eju station located in Pyeongtaek-si D in Ansan.

As a result, the defendant violated the prohibition of drinking driving more than twice and drives a motor vehicle again, and operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Report on the circumstances of an employee;

1. A report on investigation (report on attachment of a report on compulsory insurance contract) and attached documents - a report on compulsory insurance contract;

1. Previous convictions in holding: Two copies of summary order (investigative records, 28-29 pages, 32-33 pages), which are attached thereto, to inquiries into criminal records and criminal investigation records, reports on investigation (same-class records), and the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Articles 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and each choice of imprisonment with prison labor;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishment of the above two punishments)

1. Fully erroneous determination under Articles 53 and 55(1)3 of the Criminal Act of discretionary mitigation is made.