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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 25, 2017, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the same support on March 15, 2018.
On May 12, 2019, at around 14:20, the Defendant driven a non-registered master body that was not covered by mandatory insurance without a license for a motorcycle while under the influence of alcohol 0.130% in the 1km section from the front side of the road located in Chungcheongnam-gun Hong-gun B to D front roads.
Summary of Evidence
1. Defendant's legal statement;
1. A traffic accident report (1) a survey report on actual condition and a traffic accident report (2) a survey report on actual condition;
1. On-site photographs;
1. The ledger of driver's licenses;
1. Notification of the control of drinking driving;
1. Hearing of details, etc. by reporters at the time of an accident;
1. Previous convictions in judgment: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1) (a) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018), Article 154 subparagraph 2, and Article 43 (a) of the Act on the Guarantee of Automobile Accident Compensation; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with the largest punishment shall be imposed);
1. Selection of imprisonment;
1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.
1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);
1. The reason for sentencing under Article 62-2 of the Social Service Order Act is relatively recent (2017, 2018) and the fact that a person commits a second offense in the state of drinking, even though he/she had a previous drinking-free driver’s license, and that a person causes an accident by realizing the risk of driving a drinking-free license.