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

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

On December 12, 2018, the Defendant issued a summary order of KRW 2 million at the Incheon District Court as a crime of violation of the Road Traffic Act.

The Defendant is a holder of a cargo vehicle B.

1. Around April 28, 2020, the Defendant driven the foregoing cargo vehicle under the influence of 0.161% alcohol concentration at a section of about 400 meters from the front of D in Bupyeong-gu Incheon Metropolitan City, to the front of E and the front of the road.

2. An automobile in violation of the Automobile Management Act and the Guarantee of Automobile Accident Compensation Act is not operated unless it is registered in the register of automobiles, and an automobile not covered by mandatory insurance is not operated. Notwithstanding the fact that the Defendant, on the date and at the place under the preceding paragraph, voluntarily cancelled on December 24, 2012, operated the said cargo vehicle without mandatory insurance without any registration.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, the register of automobiles;

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal investigations, and summary orders attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Articles 80 subparagraph 1 and 5 of the Automobile Management Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment

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

1. Article 53 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 driven a breath without mandatory insurance without purchasing a non-registered vehicle even after being punished several times due to drinking and non-insurance vehicles, and the measured blood alcohol concentration is also high.

The defendant does not drive under the influence of alcohol again.