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.

Criminal facts

On October 14, 2009, the Defendant was issued a summary order of KRW 2 million in the Gwangju District Court's Netcheon Branch for the crime of violation of the Road Traffic Act.

1. On April 26, 2020, from around 18:05 to around 18:20, the Defendant driven a 124CC, where he was under the influence of alcohol with a number of 0.165% while under the influence of alcohol, from around 3 km in front of Mayang-si B to around D in the same city.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated otobs as stated in paragraph (1) at the date and place specified in paragraph (1) and without mandatory insurance.

Summary of Evidence

1. Statement of the defendant's legal statement, the circumstantial statement, and the results of the drinking driving control;

1. Investigation report (insular part, which has driven by a suspect), - photographs of ozone layers and detailed specifications information;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;

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 is that the defendant driving a motor vehicle without mandatory insurance even though he/she had a history of criminal punishment several times due to traffic crimes, such as drinking driving, etc., and such risk is very large.

However, there are various records such as the defendant's age, character and behavior, environment, criminal records, circumstances and results of the crime of this case, etc. in light of the fact that the defendant seems to not drive under the influence of alcohol again while reflecting his own mistake.