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

[Criminal Power] On September 10, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on September 10, 2007. On December 9, 2010, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

【Criminal Facts】

1. Around June 17:18, 2020, the Defendant was driving a car with Cmea with approximately KRW 0.041% alcohol level in the section of about 1km from the 2nd-down road of Geumcheon-si, Geumcheon-gu, Geumcheon-gu to the front-do 254-16.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a passenger car with the test as set out in paragraph 1.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the Defendant operated a passenger car specified in Paragraph 1, which was not covered by mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and investigation report on mandatory insurance made once again as a result of the control of drinking driving (with respect to drinking practice)

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to the keeping of sound records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment for each crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Vehicles that the Defendant does not have mandatory insurance in the state of drinking, even though he was punished several times due to drinking driving.