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

[200 Highest 995]

1. On June 16, 2018, the Defendant violated the Road Traffic Act (driving) and received a fine of two million won from the District Court of Jung-gu in a district court for the crime of violation of the Road Traffic Act (driving) and the above summary order became final and conclusive around that time.

On November 27, 2019, around 00:35, the Defendant driven a DNA car with approximately 50 meters of alcohol level 0.118% under the influence of alcohol level 0.18%, from the 00:40 on the 00:40 on the 27th day to the road in front of the Cheongbu Building in the city of the Government.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking once or more times.

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

No one shall operate any automobile which is not covered by the mandatory insurance on a road.

Nevertheless, around 20:00 on November 26, 2019, the Defendant operated the said vehicle without mandatory insurance with approximately 19 km section from the 20:50 on the same day to the 20:50 on the roads adjacent to the Dong-si, Dong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the regulation of drinking driving, ledger of use of a drinking measuring instrument, investigation report, and on-site photograph;

1. Mandatory insurance policy (2019);

1. Application of Acts and subordinate statutes of one copy of a report on criminal records, etc., investigation report (verification of the same kind of power), and a copy of summary order;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1), 44 (1) of the Road Traffic Act that choose a sentence, and Articles 46 (2) 2 and 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 under Article 62-2 of the Criminal Act is that the Defendant was punished for driving under the influence of alcohol in around 2018.