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

[200 Highest 3150] On April 24, 2014, the Defendant was issued a summary order of KRW 2 million by the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

Nevertheless, the Defendant was under the influence of alcohol level of 0.148% on August 6, 2020 on the blood alcohol level around 01:15, and operated DMW car at approximately 5 km from the front road of Gangnam-gu Seoul to the front road of Gwangjin-gu in the same city.

[20 Height3467] No person shall operate any motor vehicle which is not covered by mandatory insurance on the road.

Nevertheless, around 00:46 on February 5, 2016, the Defendant operated an E 7 car without mandatory insurance at a point of 44 km in Seocheon-gu Highway located in Cheongyang-gun, Cheongyang-gun, Chungcheongnam-do.

Summary of Evidence

[200 Highest 3150]

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal history records, reply reports (A), investigation reports (former records and reports attached to judgments) (2020 high-level 3467);

1. Defendant's legal statement;

1. Inquiry into non-insurance operations vehicles, and inquiry into the history of mandatory insurance contracts;

1. Automobile register;

1. Inquiries into details of traffic offense dispositions and replies;

1. Application of Acts and subordinate statutes to the investigation report (the call report relating to the specific place of violation);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Articles 2 subparagraph 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up imprisonment with prison labor);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, environment, character and conduct, motive of the crime, means of crime and its result, etc.