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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 10, 2016, the Defendant driven a 49cc Mababa, which was not covered by mandatory insurance without obtaining a driver's license from around 200 meters in a section of approximately 200 meters from the breakwater in front of the breakwater in the south-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nampo-si, the Nampo-si, the Nampo-si, and the front road of the same Eup.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to notify the detection of erroneous earth and sand in violation of the Automobile Management Act;
1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of license for a bicycle-free driver) concerning facts constituting an offense, and 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);
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act shall be imposed on a person who has committed a violation of the said Act due to a heavier drinking operation);
1. Selection of each sentence of imprisonment;
1. The aggravated punishment for concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act due to a heavy drinking driving);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to drinking, operating a motor vehicle not covered by mandatory insurance under the influence of alcohol, operating a motor vehicle with a high drinking level, suspending the execution of a sentence, etc., including a suspended sentence, causing traffic accidents: The driving of the motor vehicle is a crime while the motor vehicle is driving, the driving distance is not relatively long, the previous conviction is about 12 years prior to the suspension of the execution of a sentence, and there is no other excessive force of fine, and the fact that the above circumstances reflects the error, other than the above circumstances, Defendant age, sexual behavior, environment, and the situation before and after the crime.