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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[criminal history] The Defendant was issued a summary order of KRW 3 million on July 16, 200 with a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Flag Flag, the Defendant was issued a summary order of KRW 2 million on December 12, 2013 as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon support.
[Criminal facts]
1. On December 11, 2016, the Defendant was under the influence of alcohol at around 05:11% of alcohol during blood, the Defendant driven a 100cc-clob in the distance of about 1km from the Gandong-dong to the global loan road located in the Busan Jin-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, without a number plate.
As a result, the Defendant violated the prohibition of drinking driving regulations twice and drives a motor vehicle under the influence of alcohol again.
2. No person who violates the Guarantee of Automobile Damage Compensation shall operate an automobile which has not been covered by mandatory insurance;
Nevertheless, the defendant operated 100cc Oba with no number plate that was not covered by mandatory insurance at the time and place mentioned 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. A report on internal investigation (e.g., details of controlling drivers);
1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 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), and selection of imprisonment, respectively;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
4. Article 62 (1) of the Criminal Act (including the fact that there is no past career of imprisonment without prison labor or any heavier punishment, and the fact that it is against the law).
5. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;