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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. Around October 29, 2018, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (Free License) operated B K3 cars under the influence of alcohol without obtaining a driver’s license from the front side of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the end of the 836 Bupyeong-gu, Bupyeong-gu, Incheon to the end of the 1km-do, Incheon, and without obtaining a driver’s license from the 1km section, and under the influence of alcohol concentration of 0.107%.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated the B K3 car without mandatory insurance at the date and place specified in Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes on mandatory insurance;
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning criminal facts, 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. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has no record of punishment exceeding the fine in the past and that his mistake has been pened);
1. Article 62-2 (1) of the Criminal Act to attend lectures;