A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 25, 2016, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Seoul Southern District Court.

1. Around February 25, 2020, the Defendant driving a D Poter II truck under the influence of alcohol content of about 0.121% at the section of approximately 700 meters from B to the front road of Yeongdeungpo-gu Seoul Metropolitan Government from February 23:53, 2020.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the cargo vehicle that was not covered by mandatory insurance, such as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Report sheet, report on the circumstances of a drinking driver, investigation report, notification on the control of drinking driving, and mandatory insurance association;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of mandatory insurance vehicles) (the operation of vehicles) (the choice of each imprisonment with prison labor);

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 details and punishment of the past drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the time interval from the former, the drinking volume in the instant case, the background of the crime, the circumstances after the crime, etc.