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

On October 2, 2014, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court, and on October 17, 2014, a summary order of five million won for the same crime at the same court.

1. On April 12, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) driving a gallon driver car in a state of under the influence of alcohol by 0.115% without obtaining a driver’s license from the 1km section from the front day of Seosan-si B to the front day of C, Seosan-si, and without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of Dgallona, was prohibited from operating an automobile on the road which is not covered by mandatory insurance, but operated the said automobile without mandatory insurance at the same time and place as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), register of driver's licenses, and mandatory insurance association;

1. Inquiry reports on criminal records, etc., investigation reports, and application of statutes on judgments;

1. Relevant Act on criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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, the content of the record of a crime for drinking and driving, the time and frequency of the crime, and the blood alcohol concentration; and