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 September 27, 2017, the Defendant received a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch.

1. Around 22:45 on February 27, 2020, the Defendant driven a Cobserver car at the section of about 5km up to the Hanyang-dong, Yongsan-gu, U.S. to the Second Freedom of Korea-U.S., Goyang-si, Goyang-si, the blood alcohol concentration of 0.09%.

As a result, the Defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol again.

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

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

Nevertheless, the Defendant driven the said car without mandatory insurance at the above date and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstances of a drinking driver, report of the results of crackdown on drinking driving, inquiry into the difference, and entry into the Mandatory Insurance Council, respectively;

1. Previous for judgment: Application of each of the Acts and subordinate statutes in which criminal records, reply reports and copies of summary order are recorded;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act, which are heavier than

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 was punished for drunk driving on September 2017, and the drinking alcohol level of the instant crime is relatively high.