자동차손해배상보장법위반등
A defendant shall be punished by imprisonment for not less than eight 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
1. Around 00:44 on June 11, 2019, the Defendant was driving a DNA Lone Star vehicle under the influence of alcohol content 0.16%, while under the influence of alcohol, from around 00:0 to around 3:00,000, the road near the Mayang-si B market parking lot to the road in front of the said Cudio.
2. A person who violates the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on a road which is not covered by mandatory insurance, but the Defendant operated the said Lone Star motor vehicle that is not covered by mandatory insurance in the time and section specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of the Korea Development Bank (based on June 11, 2019), such as inquiry into the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, and mandatory insurance;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and choice of imprisonment, respectively, with labor;
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 of the suspended execution;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The conditions unfavorable to the defendant's erroneous recognition of his/her mistake shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, health conditions, motive and consequence of the crime, circumstances after the crime, etc., which are shown in the arguments of this case, such as the fact that the defendant has been subject to criminal punishment several times for the same kind of crime;