A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years after the judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On May 14, 2009, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Busan District Court. On May 23, 2016, the Busan District Court issued a summary order of KRW 5 million for the same crime, etc.

【Criminal Facts】

On March 12, 2020, around 11:30 on March 12, 2020, the Defendant driven an off-to-land with no number plate that was not covered by mandatory insurance, while under the influence of alcohol level of approximately 0.226% from approximately 150 meters to the “E” located in Nam-gu B apartment Cdong through D.

As a result, the defendant violated the prohibition of drinking driving more than twice, and driving an erroneous part which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking-driving control, traffic accident occurrence report, and circumstantial statement of the drinking-driving driver;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to confirm the suspect's records of drinking;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he had a record of being punished for drinking driving, was running under the influence of drinking without mandatory insurance, and the degree of driving under the influence of drinking.

Considering the above criminal records and the risk of drunk driving, the defendant should be punished strictly. However, considering the fact that the defendant's mistake is recognized, the court shall take into account all the factors of sentencing, including the defendant's age, character and conduct, family relationship, and circumstances before and after the crime.