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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 25, 2008, the Defendant was issued a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) in the Jinwon District Court’s Jinwon Branch, by committing a violation of the Road Traffic Act (driving without a license). On October 16, 2014, the Defendant was issued a summary order of KRW 4 million for the same crime, etc. from the same support to the same effect on October 16, 2014. On February 24, 2015, the Defendant received a summary order of KRW 8 million for the same crime, etc.
On October 24, 2019, at around 19:30, the Defendant driven a Dsch Rexton car under the influence of alcohol content of about 0.142% without obtaining a driver's license from around 2km section from the front of a cafeteria located in the Gyeongnam-gun, Busan Metropolitan City, to the front of the same military C, and without obtaining a driver's license.
As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving a motor vehicle without obtaining a driver's license.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the defendant operated a Dsch Rexton car which is not covered by mandatory insurance in the same date and section as the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, report on the state of drinking drivers, investigation report, vehicle driving license register, and mandatory insurance association;
1. Previous records: Application of criminal records, repeated statements, and summary order output Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, 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 (the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (the crimes of unlicensed driving) shall be more severe;