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A defendant shall be punished by imprisonment for not more than ten 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 was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court on November 4, 2008, and was sentenced to a suspended sentence of six months for the same crime at the Daegu District Court on September 13, 2012.
【Criminal facts】 The Defendant is a CKa car holder registered as B/C.
On April 10, 2016, at around 21:30, the Defendant driven a CKa car that is not covered by mandatory insurance in the state of alcohol 0.179% under the influence of alcohol, from the 500-meter section to the front day of the National Assembly members of the Republic of Korea located in 190-1 (Jinridong) with the compensation for the mutual unclaimed swine State bond from the front day of the cafeteria Gingu, Seo-gu, Seo-gu, Seo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Voluntary inquiry and mandatory insurance;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and reflective attitude);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;