A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On May 14, 2009, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in Daegu District Court and the Busan District Court issued a summary order of KRW 10 million for the same crime on October 16, 2013, and 4 times of the same record.

【Criminal Facts】

1. Around 16:05 on August 31, 2018, the Defendant was driving a fash-in vehicle under the influence of alcohol with a blood alcohol concentration of 0.108% from a 1km section from the front of the restaurant located in the Ccafeteria B to the front of the E convenience store located in the racing-si D.

As a result, the defendant violated the Road Traffic Act's prohibition regulations on drinking driving more than twice and operated the above vehicle under the influence of alcohol again in violation of the prohibition regulations on drinking driving.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a passenger car with low-priced car.

No person shall operate any motor vehicle which is not covered by mandatory insurance for any motor vehicle.

Nevertheless, at around 16:05 on August 31, 2018, the Defendant operated the said low-speed car that was not covered by mandatory insurance from approximately 1 km section from the front of the C cafeteria located in the Seocho-si to the front of the E convenience store located in the Da of the race-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (verification of the record of driving the same kind of motor vehicle) - Application of each one of the summary order shall apply;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); 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 for each type of crime;

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. Suspension of execution;