A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On December 28, 2007, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on March 26, 2014, the Defendant was issued a summary order of a fine of four million won or more for the same crime at the same court on the same date.

On March 1, 2017, around 00:57, the Defendant driven BM5 car under the influence of alcohol content of about 0.140% from the front of the “Korea New Women Hospital,” located in 25-ro 13-gil, J. 1, 2017, to the front of the “Korea New Women’s Hospital,” located in 6-ro, J. 1, 2017.

2. Notwithstanding the fact that a motor vehicle, which is not covered by mandatory insurance for violating the Guarantee of Automobile Compensation Act, is prohibited from being operated on the road, the Defendant operated the said SM5 motor vehicle on the same date and at the same place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of alcoholic beverages, and inquiry into the results of crackdown on drinking driving (12 pages);

1. Investigation report (in case mandatory insurance is not mandatory insurance);

1. Records of the judgment: Application of three copies of a summary order, such as an investigation report (powered driving records), inquiry report, criminal history, etc. (A), investigation report (former report and confirmation report), and summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) (in cases of drinking) of the Road Act, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The fact that the reason for sentencing under Article 62 (1) of the Criminal Code of the suspended sentence has three times the driving force of drinking, including the crime recorded in the criminal records as stated in the judgment of the defendant, and the degree of driving of this case is considerably significant.