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 21, 2016, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court's Hongsung branch on April 21, 2016.

On October 13, 2019, at around 15:02, the Defendant driven a elim 124c c obane not covered by mandatory insurance, under the influence of alcohol content of about 0.112%, from the road in front of the west-gun, Chungcheongnam-gun, Chungcheongnam-do to the road in front of D.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the site photograph of a traffic accident;

1. Notification of the control of drinking driving;

1. Mandatory insurance policies;

1. Previous convictions in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The consideration shall be given to favorable circumstances, such as the reflective points, the direct damage to others by committing the crime, the penalty exceeding the fine, the absence of any record of punishment exceeding the fine, and the fact that the economic situation is not good);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

1. Social service order under Article 62-2 of the Criminal Act;