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 of the final judgment.

Punishment of the crime

On January 29, 2015, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court to a fine of KRW 1.5 million, and a fine of KRW 4 million at the same court on January 17, 2017, respectively, for the same crime.

Nevertheless, around 00:20 on August 12, 2020, the Defendant driven D JYOMAXZ 125 Obabab, which was not covered by mandatory insurance in the state of alcohol with approximately 10km from the 10km section to the front road located in the Busan JYOMAB B to the front road located in the Busanjin-gu.

As a result, the defendant violated the prohibition of drinking driving more than twice, and operated a motor vehicle which is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry of the defendant in a part of the police suspect examination protocol, or entry of the mandatory insurance protocol into the mandatory insurance protocol, and statement of requests for appraisal;

1. Previous records: Application of Acts and subordinate statutes described in criminal records and investigation reports (related to the same kind of power of a suspect A);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act concerning the operation of motor vehicles which are not mandatory insurance);

1. Selection of a sentence of Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of the punishment) for the ordinary concurrent crimes;

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

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

1. For the reason of sentencing under Article 62-2 of the Probation Criminal Act, the fact that the defendant has been punished three times, which includes two times of punishment for the same kind of crime, and that the criminal liability of this case driving Otoba who has not been covered by mandatory insurance in the state of taking the main position is not less than that against the defendant, shall be taken into account in light of the circumstances unfavorable to the defendant, and the defendant shall confession to commit a crime.