A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 31, 2009, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.

On July 4, 2019, the Defendant, as a holder of BNS car, was driving the said car without mandatory insurance, under the influence of alcohol of about 100 meters in the DF car-based shop located in C at Yangyang-si on July 4, 2019, when he was under the influence of 0.104%.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. On-site map and on-site photograph;

1. On-site photographs;

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

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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

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

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 is that the defendant has been punished for drinking without a license even before the suspension of execution.

Nevertheless, it also caused the accident of contact with the parked vehicle while driving the vehicle not covered by mandatory insurance under the condition of 0.104% of alcohol concentration in the second blood.

However, it shall be considered in favor of the fact that the defendant recognizes the crime and reflects the fact that the defendant is not punished against the defendant by agreement with the victim of the accident, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.