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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
[criminal history] On May 12, 2009, the Defendant received a summary order of 1.5 million won or more for a violation of the Road Traffic Act (drinking driving), and on August 20, 2010, the Defendant received a summary order of 3.5 million won or more for the same crime from the Busan District Court's Dong Branch.
[Criminal facts]
1. On February 24, 2017, at around 01:15, the Defendant driven BM7 car under the influence of alcohol concentration of about 0.273% in the section of approximately 500 meters up to the front of the department store in front of the public parking lot located in the Dong-dong, Busan, Dong-dong, which is located in the same hot spring-dong, and drive BM7 car under the influence of alcohol concentration of about 0.273%.
2. A person who violates the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance. However, the Defendant operated a BM7 motor vehicle that is not covered by mandatory insurance at the date and place specified in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;
1. Inquiry into mandatory insurance;
1. Previous offense: Application of Acts and subordinate statutes of inquiry about criminal history;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Articles 46 (2) and 8 of the Guarantee of Automobile Compensation Act, and choice of imprisonment or imprisonment;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act;