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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On April 17, 2012, the Defendant was issued a summary order of KRW 5 million by the Jeonju District Court for a violation of the Road Traffic Act. On September 23, 2008, the Defendant had the record of being issued a summary order of KRW 2.5 million by the Jeonju District Court for a violation of the Road Traffic Act.
【Criminal Facts】
1. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a motorcycle driver’s license for two or more times, even though he had the same record as the above criminal records, the Defendant driven C 1 km at a distance of 1 km from the Defendant’s house in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the said Eup under the influence of alcohol at around 16:40 on February 11, 2014.
2. On February 11, 2014, the Defendant, as a holder of Oral Ba, failed to subscribe to mandatory insurance with respect to the said Oral Ba, driving the said Oral Ba, as prescribed in paragraph (1), at the Dobong-gu, Seoul Special Metropolitan City, Chungcheongnam-gun, Seoul Special Metropolitan City on February 11, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;
1. Registers of driver's licenses and mandatory insurance;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;
1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant has been punished several times for the same crime.