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

1. On December 31, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Young-gu Branch of the Chuncheon District Court as a crime of violation of the Road Traffic Act.

On June 6, 2020, at around 22:25, the Defendant driven a F Kanche vehicle under the influence of alcohol content 0.179% at the section of approximately 1.6km from the Do in front of the C cafeteria, which is located in Gangnam-gun, Gangwon-gu, Seoul, to the front road of the same military D apartment E-dong.

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

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant operated F Kawn vehicle which was not covered by mandatory insurance at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the circumstantial statement of a drinking driver, the investigation report (report on the situation of a drinking driver), the internal investigation report (report on the situation of a drinking driver), the field photograph, the internal investigation report (the details of the telephone with the reporter), the inquiry into the results of the crackdown on drinking driving control, the inquiry into the reported cases in 112, the photograph of the CCTV images, the investigation report (reportor and the statement on the telephone of security guards), and the guidance

1. The results of inquiry and the application of the summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, 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, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for one year to three years;

2. Scope of recommendations: Non-application of the sentencing criteria.

3. The Defendant is under the influence of alcohol with a blood alcohol concentration of 0.179%.