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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】
1. On May 19, 2016, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Msan Branch.
2. On July 22, 2016, the Defendant was issued a summary order of KRW 5 million by the same court for the same offense, etc.
【Criminal Facts】
The defendant is a holder of a non-registered private wheels with no number plate.
On November 29, 2019, when the Defendant was under the influence of alcohol without obtaining a motorcycle driver's license on November 29, 2019, the Defendant driving the instant wheeled Land, which was not covered by mandatory insurance at approximately 500 meters from the front day of Changwon-si, Changwon-si B Village, to the front day of the Driju Oil Station in C, and was under the influence of alcohol at approximately 0.144%.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Investigation report (report on the circumstances of an immigration driver);
1. Registers of driver's licenses;
1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of operation without a license) concerning criminal facts, 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 (the point of operation without mandatory insurance);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of violation of the Road Traffic Act, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment prescribed for the crimes of heavier electronic crimes);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of the sum of the long-term punishments for the crimes of violating the Road Traffic Act which are heavier than the punishment, double concurrent crimes];
1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (hereinafter “Discretionary mitigation”) 1.