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

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

[criminal power] On June 28, 2010, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Changwon District Court. On April 5, 2010, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 20:40 on September 20, 2018, the Defendant driven an EKa-car under the influence of alcohol content of about 0.185% in the 2km section from the B’s nearby roads to the “D” adjacent roads of Ycheon-si, Incheon-si.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant has driven a motor vehicle with EKa which is not covered by mandatory insurance at the date and at the place of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Written appraisal of blood alcohol and notification of the control of drinking driving (blood collection result);

1. The credit bureau and the mandatory insurance association;

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation reports, and application of each summary order Act and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a penalty (the point of running a motor vehicle without mandatory insurance and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motor vehicle without mandatory insurance and the choice of imprisonment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).