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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Force of Crimes】 On November 9, 201, the Defendant is a person who has violated Article 44(1) of the Road Traffic Act on two or more occasions, such as receiving a summary order of KRW 1,500,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act (driving) due to a violation of the Road Traffic Act, and a summary order of KRW 6 million from the Daegu District Court Kimcheon on May 30, 201 to a fine for the same crime.
【Criminal facts” From around 01:59 around August 30, 2017, the Defendant driven a bicycle with a 124c motor device without a mandatory insurance without a motor driver’s license in a section of about 500 meters from the 300-7nd to the 206-7nd road of the same side.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;
1. The driver's license ledger;
1. Engine device bicycle photograph, or certificate of production of a two-wheeled motor vehicle;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order of the same kind of power);
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment with prison labor (the Defendant, even before the instant case, has been punished several times due to drinking or non-licensed driving, repeated the same crime, takes into account the circumstances such as the fact that the Defendant had been subject to mandatory insurance in addition to drinking or non-licensed driving, and that the amount of alcohol concentration in blood at the time of detection is comparatively high;
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.