A defendant shall be punished by imprisonment for a term of one year and two 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 November 27, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and on July 26, 2013, the Seoul Northern District Court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On September 24, 2019, at around 21:35, the Defendant driven a unregistered motor bicycle not covered by the mandatory insurance in the section of approximately 13 km of blood alcohol concentration from the 13km road in Pyeongtaek-gu, Pyeongtaek-si to the front day of the Namyang-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The actual condition survey report;

1. Previous convictions indicated in judgment: Application of criminal records, reply 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 that choose a sentence, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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 punishments of the crimes of violating the Road Traffic Act with heavier punishment)

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 not good, the defendant committed the crime of this case again despite the fact that he had been punished for the same kind of crime in 2007 and 2013. The defendant committed the crime of this case again according to the time interval with the previous criminal records, the defendant's blood alcohol concentration, the defendant's age, character, character and environment, the motive, means and consequence of the crime, etc., and other conditions of sentencing as shown in the arguments of this case such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime.