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

On April 8, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

On January 19, 2020, the Defendant driven CT100cc Kaba, which was not mandatory insurance at approximately 22 km from the front side of the Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do to the front side of the Yansan Urban Highway, which was under the influence of alcohol by 0.157% of blood alcohol concentration around 22:00.

Accordingly, the defendant has driven dynas not covered by mandatory insurance in a state of drinking twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and summary orders;

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 Guarantee of Automobile Accident Compensation Act (the point of operation without mandatory insurance) 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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the Defendant operated a long distance with a very high blood alcohol level.

In addition to the same kind of fine, the accused has two previous years of imprisonment and one previous year of the suspension of the execution of imprisonment.

When considering the circumstances favorable to the defendant, the fact that the defendant has committed a mistake and is against the defendant's will be considered.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.