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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 17, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court, and on February 15, 2012, at the Daegu District Court issued a summary order of KRW 2 million for a violation of the Road Traffic Act, and on November 10, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act at the Daegu District Court.
1. Around 00:30 on December 8, 2019, the Defendant driven a D rocketing car under the influence of alcohol content of approximately 0.106% in a section of about 1km from the front of the 393 "Water Market Ne-distance" to the front road of the "C" located in the same Gu B.
2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;
Nevertheless, the Defendant driven D rocketing car that was not covered by mandatory insurance in the date and section stated in the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. The credit bureau and the mandatory insurance association;
1. Previous records of judgment: Criminal records, inquiry reports, written judgments, application of summary order-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-1 of the Probation Criminal Act has a record of having been already punished several times due to drinking driving.
Nevertheless, the crime of this case was repeated.
Defendant
It did not subscribe to liability insurance for a motor vehicle used for the principal.
. As such,