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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.
Reasons
Punishment of the crime
1. On October 22, 2014, at around 23:50, the Defendant driven a Bol XG car with a blood alcohol content of about 10 meters from the road front of the 1278-16, Ulsan-gu, Ulsan-gu, Ulsan-gu, to the front road of the 1278-16-dong-gu, Ulsan-gu, and the half-gu, the Dong to the 10m section, while under the influence of alcohol content of about 0.250%.
2. Despite the fact that a motor vehicle, which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act, is prohibited from being operated on the road, the Defendant driven the said franchise XG that is not covered by mandatory insurance at the time and place under the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act (the point of sound driving), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, and imprisonment, respectively;
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 for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant driving a motor vehicle not covered by mandatory insurance in the condition of 0.250% alcohol concentration of blood alcohol. In addition, the quality of the crime is not poor, and even if a majority of the criminal records have already been punished for the same kind of crime, the crime in this case has been committed again, and the responsibility for the crime is not easy.
However, in consideration of the fact that the defendant is recognized to commit a crime, the occurrence of a large number of accidents has not occurred, and the fact that there is no record of punishment as punishment, a punishment shall be determined and sentenced as per the disposition.