A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 February 17, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court on February 17, 2009, and on March 7, 2017, the Seoul Northern District Court issued a summary order of KRW 3 million as a fine for the same crime.

On February 17, 2019, around 05:44, the Defendant driven a DNA-type car under the influence of alcohol content of about 6 km from the section of approximately 0.150% of alcohol content to the front road of the C principal in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu from the front day of the 439 Guri-ro, Ari-si, Ari-si, Ariri-si, Ariri-si, Seoul Special Metropolitan City.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

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

No owner, etc. of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car without mandatory insurance at the time and place of the foregoing paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of running a vehicle under the influence of alcohol and investigation report (report on the circumstances of the driver under the influence of alcohol);

1. Mandatory insurance policies;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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 orders to provide community service and attend lectures was that the Defendant had been punished twice by a fine due to drinking driving, and again carried out drinking driving in this case, and the vehicle was not covered by mandatory insurance.