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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On November 23, 2001, the defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws (non-licenseless driving) at the Daejeon District Court on November 23, 2001; on October 25, 2002, the defendant was sentenced to eight months of imprisonment with prison labor for the same crime; on September 13, 2005, he was sentenced to eight months of imprisonment with prison labor for a violation of road traffic laws at the Chungcheong District Court on August 3, 2009; on August 3, 2009, 1.5 million won of a fine for the same crime at the Daejeon District Court on March 14, 201; on January 23, 2013, the defendant was sentenced to a suspended sentence of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the execution thereof) at the same court on January 23, 2013; on September 16, 2015.
[Criminal facts]
1. On February 23, 2017, the Defendant driven B 125cc Oral cin under the influence of alcohol concentration of approximately 0.172% from the 3km section of the blood while under the influence of alcohol with approximately 3 km from the Do in front of the ticket office located in the Ri, to the front of new stocks located in the justal, on the same side, on the air, without obtaining a bicycle driver’s license for a motor device at around 18:00 on February 23, 2017.
As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice without obtaining a motor device bicycle driver's license, and drives a motor vehicle under the influence of alcohol in violation of it again.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, the defendant operated B 125cc Oral Ba which was not covered by mandatory insurance at the same time and place as Paragraph 1.
Summary of Evidence
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