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 becomes final and conclusive.

Punishment of the crime

[criminal power] On April 3, 2008, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court. On March 18, 2010, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving). On December 18, 2015, the same court received a summary order of KRW 7 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 13:25 on January 11, 2019, the Defendant was driving D SH100 Orala while under the influence of alcohol level of about 0.103% without obtaining a driver’s license from the Defendant’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front road in the 2km-si, Chungcheongnam-si.

As a result, the Defendant, who violated the provision prohibiting driving under the influence of alcohol not less than twice, once again drives a two-wheeled automobile while under the influence of alcohol in violation of the above provision.

2. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road without mandatory insurance. However, the Defendant operated a two-wheeled motor vehicle at the date and time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Investigation report (related to circumstances in which blood is seized of a suspect);

1. Requests for cooperation (request for 119 emergency medical services, etc.);

1. Records of seizure and the list of seizure;

1. A report on detection of each host driver;

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. An accident site photograph;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (the previous records and confirmation of a suspect), and application of three additional Acts and subordinate statutes to summary orders;

1. Before the relevant law on criminal facts was amended by Act No. 16037, Dec. 24, 2018.