A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 31, 2012, the Defendant was sentenced to a fine of 2.5 million won for a violation of road traffic law (drinking) in the Changwon District Court’s Jinju branch on the grounds of a violation of road traffic law. On October 1, 2015, the Defendant was sentenced to a fine of 5 million won for a violation of road traffic law (drinking) in the same court.

[Criminal facts]

1. On June 29, 2018, the Defendant was under the influence of 0.225% of alcohol while driving a motor device and bicycle at around 23:05 at around 4km section from the front of the Defendant’s residence in the Hanam-gun B to the front of the bus stop in the new village located in the Hanam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

As a result, even though the Defendant had been punished more than twice as a crime of violating the Road Traffic Act (drinking), he again driven a motor vehicle while under the influence of alcohol, and driving a motor vehicle without obtaining a bicycle driver's license.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the defendant operated the motor vehicle on the date and time specified in paragraph (1) and at a place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into mandatory insurance;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.