A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On August 23, 2012, the Defendant received a summary order of KRW 1 million for a crime of violating road traffic law (drinking) at the Jung-gu District Court.

[Criminal facts]

1. On September 18, 2020, the Defendant driven a non-registered two-wheeled vehicle with a number-free alcohol content of 0.193% in a section of about 400 meters from the road located in Yangju City B to the road in D marina in C.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition of drinking driving.

2. A person who violates the Guarantee of Automobile Damage Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance, but the Defendant operated a non-registered two-wheeled motor vehicle at the time and place indicated in the preceding paragraph, where it is not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, such as a report on the circumstances of driving a vehicle at home, a report on the circumstances of a driver at home, and an inquiry about the results of crackdown on drinking driving (the case concerning the violation of the Guarantee of Automobile Compensation for Damages);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal history of the same kind), and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 46(2)2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and each of imprisonment options with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Confession and confession of favorable circumstances, such as the fact that there exists a record of punishment for the same kind of crime: