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The punishment of the accused shall be determined by six months of imprisonment.
except that the sentence shall be imposed for a period of one year from the date the judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Power of crime] On April 25, 2008, the Defendant was notified of a summary order of KRW 700,000,000 for a fine due to a violation of road traffic law in the support of the Southern District Court of the Jeonju on April 25, 2008, and was notified of a summary order of KRW 1.5 million for the same crime in the same court on July 16, 2008.
[Criminal facts]
1. On September 16, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) (drawing device bicycle license) driving the ALCOUURT 100 Madon Madon 100 Madon in the section of approximately 1km from the east-si in the south Nowon-si, Nowon-si, under the influence of alcohol content 0.174% in the blood, from the east-si to the road of about 1237 odon in the same city-ro.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the foregoing unregistered ALCOUTRT 100 Salpertobane (hereinafter “Sabal”) that was not covered by mandatory insurance at the same time and place as paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Application of Acts and subordinate statutes to a survey report on actual condition, accident scene and vehicle photograph, ledger of driver's license, mandatory insurance inquiry, and notification of the results of crackdown on drinking driving;
1. Subparagraph 1 of Article 148-2 of the Road Traffic Act, Article 44 (1) of the same Act concerning facts constituting an offense, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 of the same Act concerning the compensation for damages of automobiles;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200
1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (recognating favorable circumstances among the following reasons for the sentencing), and other records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, are shown in the records.