A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. On November 5, 2008, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and on May 22, 2013, a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act from the Daegu District Court.

On April 27, 2016, the Defendant driven a motor vehicle B, under the influence of alcohol with approximately 10 meters alcohol concentration of 0.144% from around the 10-meter section from the roads of the middle-gu Seo-gu, Seoggu and the 72-lane 71 in the 72-lane, the Yangu, Seo-gu, Seo-gu, and the Gannam Park, in front of the middle-gu, the middle-gu, the area of which is located in the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a holder of a passenger car B’s low-priced car.

Although a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant operated the motor vehicle without mandatory insurance at the same date and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiry into mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; the provision of Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act; and the selection of imprisonment with labor, as prescribed in each of the subparagraphs of Article 148-2 of the said Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the distance of conduct, the point against which the crime is committed, the motive of crime, etc.);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;