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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 6, 2013, and a summary order of KRW 7 million for a crime of violating the Road Traffic Act in the same court on January 15, 2014, respectively.
[Criminal Facts]
1. On January 5, 2017, the Defendant, in violation of the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license), driven a Cme car in a state of under the influence of alcohol content of about 0.109% while under the influence of alcohol content at about 1km from the Nam-dong, Incheon to the front road of the Dong-dong 366-8, Dong-dong 366-8, Dong-dong, from around 1km without a driver’s license.
2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a person who owns a passenger car in the above C test.
No automobile which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, the defendant operated the car that was not covered by mandatory insurance at the time and place above.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of driving without a license, report on the situation of the driver at the main place, and measurement numerical value;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order);
1. Driving a motor vehicle under the relevant legal provision under the influence of alcohol on the facts constituting the crime: Driving without a license under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation:
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);
1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment