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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
1. Around 22:00 on September 8, 2019, the Defendant driven a 50CC motorcycle with no number plate in the state of alcohol alcohol concentration of about 100 meters from the section of approximately 100 meters from the front of the Busan East-gu B market to the D front road located in C.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant operated a two-wheeled automobile without a mandatory insurance policy at the time and place mentioned in paragraph (1) above.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on traffic accidents, reports on the circumstances of a drinking driver, and reports on the results of the control of drinking driving;
1. Application of each statute on photographs;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The execution of imprisonment shall be suspended in consideration of the following: (a) the execution of the sentence shall be suspended, but the incidental disposition shall be imposed to prevent recidivism, taking into account the following: (b) the sentencing period under Article 62-2 of the Criminal Act: (c) the drinking water of this case was significantly high; and (d) the driving of a motorcycle which is not covered by mandatory insurance was concurrent; (c)