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 became final and conclusive.

Punishment of the crime

On November 22, 2017, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Busan District Court’s branch branch court.

1. Around 02:43 on July 11, 2019, the Defendant driven BMW mini car from the front of the main station in which it is impossible to identify the trade name located in the opening area of the Busan Jin-gu in the state of alcohol concentration of 0.08% on the roads in which it is difficult to identify the trade name in the opening area of the Busan Jin-gu in the state of alcohol level.

2. A person violating the Guarantee of Automobile Damage Compensation and Indemnity Act was prohibited from operating an automobile which was not covered by mandatory insurance, but the Defendant driven BMW mini car which was not covered by mandatory insurance at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Making a report on the control of drinking driving;

1. Mandatory insurance policies;

1. A traffic accident report (1) (2);

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, 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, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That it shall be within the scope of the total of the maximum term of the punishments specified for two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that a defendant drives a vehicle not covered by mandatory insurance because two years have not passed since he was punished for drinking driving, and that his vehicle is faced with a rail, and the liability for the crime is not easy in comparison with the occurrence of an accident where his vehicle is faced with a rail;

However, the defendant reflects his fault.