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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 3, 2017, the Defendant, while under the influence of alcohol 0.116% during blood transfusion on April 23, 2017, operated a eroke-type car with B eroke-type while under the influence of alcohol 0.116%, running a section of approximately 1 km from the front side of the Incheon Southern-gu Incheon Southern-gu Flag to the Han-ro 225-ro.
2. The Defendant in violation of the Guarantee of Automobile Compensation Act is a person who has a passenger car as set forth in paragraph 1.
The Defendant operated the said car without being covered by liability insurance, which is a mandatory insurance at the time and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Response to a request for appraisal;
1. Inquiries about mandatory insurance and application of Acts and subordinate statutes to information about non-performance of mandatory insurance;
1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of a vehicle which is not mandatory insurance, the choice of imprisonment, and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the lecture, when the defendant drives a vehicle that had the same criminal history but has not been insured under the influence of alcohol, and thus, the nature of the crime is inferior, but it does not reach a violation of other traffic-related Acts and subordinate statutes, and the fact that his mistake is divided later, and all other circumstances constituting the condition for sentencing, such as the defendant's age, sex behavior, environment, family relation, etc., shall be considered in full and determined as above.