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 October 28, 2016, the Defendant was sentenced to a suspended sentence of three years for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch.

【Criminal Facts】

On October 8, 2019, at around 23:10, the Defendant driven an E body-person car not covered by mandatory insurance in the direction of approximately 300 meters of blood alcohol concentration 0.063% from the 300-meter section from the Bato the front of the Dials located in C, the Defendant driven the E body-person car without mandatory insurance.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and operated a motor vehicle which is not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about the criminal's place, report on the occurrence of the case, report on the control of drinking driving, report on the situation statement of a drinking driver, death report, driver's license register, vehicle accident inquiry, mandatory insurance, copy of the driver's license, copy of the vehicle registration certificate, and result of the control of drinking driving;

1. Previous convictions: References to criminal records and investigation reports (verification of criminal records of suspects in violation of traffic-related Acts and subordinate statutes);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a sentence, and the provision of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of not mandatory insurance, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment for one year to three years; and

2. Non-application of the sentencing criteria: Offenses not set; and

3. The Defendant, who was sentenced to sentence, drives a vehicle without mandatory insurance even though he had been punished twice due to the crime of drunk driving, and committed the crime of drinking driving in this case, and the nature of such crime is good.