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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
On November 10, 2006, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (drinking) from the Changwon District Court’s Jinju branch on November 10, 2006; on March 6, 2012, the same court issued a summary order of KRW 2 million for the same crime; and on December 19, 2014, the same court issued a summary order of KRW 1.5 million as a fine for the same crime.
1. On March 17, 2018, the Defendant operated D SG125 motor bicycle under the influence of alcohol content of 0.219% without obtaining a motor device bicycle driver’s license from the front of the Defendant’s house located in the Han-dong, Han-dong, Han-dong, Han-dong, both around 16:0 on March 17, 2018.
2. The Defendant is the owner of the above automobile in violation of the Guarantee of Automobile Compensation Act.
The Defendant operated the said automobile that was not covered by mandatory insurance at the time and place above.
Summary of Evidence
1. Statement by the defendant in court;
1. On-site photographs of a traffic accident;
1. Statement made by the police for E;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Notification of the results of regulating drinking driving;
1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);
1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime experience);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licenseed driving) as stated in the holding, and punishment for the crimes of violation of the Road Traffic Act with heavier punishment;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 Section 2 and Article 50 of the Criminal Code [the sentence shall be heavier.]