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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal record] On August 26, 2014, the Defendant issued a summary order of KRW 2,00,000 on the grounds of a violation of road traffic law at the Suwon District Court’s Eunpyeong District Court’s House on August 26, 2014, and on October 12, 2016, the same court issued a summary order of KRW 2,00,000 for the same crime, etc.
[2017 Highest 718] On March 24, 2017, the Defendant driven B motor bicycle without obtaining a motor device license in the state of alcohol concentration of about 0.072% from the section of about 500 meters from the front side of the parallel of Pyeongtaek-si driving Do to the front road of the same parallel of Dong Dong-ro Do-dong Do-dong Do-dong Do-dong Do-dong.
[2017 Highest 1270] On May 31, 2017, the Defendant driven a bicycle not covered by mandatory insurance without obtaining a motor device bicycle license with approximately 0.098% alcohol level from the section of about 1km in the middle of the 2427-2, as from May 31, 2017, to the day before the window distance in the city of 2427-2, as from the front of the Go-si High Apartment apartment road of Pyeongtaek-si, Pyeongtaek-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving at each owner, report on the circumstances of driving without a license, and inquiry into the ledger of driver's licenses for each motor vehicle, and respective mandatory insurance;
1. Inquiry about criminal history, and application of Acts and subordinate statutes of each summary order;
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence 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 suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Unfavorable circumstances: Five times the record of punishment for the same crime (i.e., a fine for drinking in 2006;