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 May 12, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on May 12, 2016, and on June 9, 2016, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

1. Around 23:00 on August 27, 2020, the Defendant driven a FD car under the influence of alcohol leveling 0.113% from a section of approximately 200 meters from the “C convenience store” to the front road located in D, Nam-si, Namyang-si. The Defendant driven a FD car under the influence of alcohol leveling from around 200 meters to the front road located in D.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

2. No owner of a motor vehicle violating 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, without purchasing mandatory insurance at the time and place specified in Paragraph 1, driven FD car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, and mandatory insurance review conducted as a result of the control of drinking driving;

1. Application of each of the Acts and subordinate statutes of one copy of the criminal record, reply statement, and the above summary order;

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 Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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 crime of this case is not good, that the defendant again commits the crime of this case even if he had the same criminal record at several times, the interval between the previous criminal record and the previous criminal record, the defendant's blood alcohol concentration, and other factors.