A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On March 8, 2018, the Defendant was driving a motor vehicle while under the influence of alcohol, such as drinking, snicking, drinking, and sprinking, sprinking, sprinking, driving the motor vehicle at the front of C in Ischeon-si B on the road located in Ischeon-si B.

In order to verify whether the police officer F in charge of the Gyeonggi-do Police Station E (a police box) who was patroled was drunk due to reasonable grounds to determine the person, the Defendant requested the Defendant to take a measurement of drinking for about 26 minutes on three occasions in order to verify whether G was under the influence of alcohol.

2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant driven a D-Wpon car that is not covered by mandatory insurance at the above date, time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site, and vehicle photographs;

1. A report on the detection of a primary driver;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Inquiries about mandatory insurance (netly 15) and the application of statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (the point of refusing to measure drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and each imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

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

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, has the record of being punished for refusing to measure drinking alcohol. On February 11, 2016, the instant crime was committed again even though he/she had been punished for a traffic accident while driving alcohol.