A defendant shall be punished by imprisonment for one year.

except that 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 July 22, 2011, the Defendant was issued a summary order of KRW 4 million at the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 10:33 on November 5, 2019, the Defendant driven a escopic car in a state of 0.046% alcohol concentration from a section of approximately 2 km from the road near Ulsan-gu, Ulsan-gu to the front road located in Nam-gu, Seoul-gu, Seoul-gu, to a level of approximately 0.046% alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of E.S. car.

Although anyone is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, the defendant operated the motor vehicle without mandatory insurance at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance policy;

1. The application of Acts and subordinate statutes after making a report on the control of drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor;

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. Consideration, such as the fact that there exists a history of punishment once (2011) for driving under the influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act, driving under the influence of alcohol and waters after drinking, driving under the influence of alcohol and waters, there is no high drinking level, there is no other criminal record, there is a family member to support, there is no good economic situation of the defendant, scrapping of the vehicle, and separation of the vehicle;