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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】 On May 15, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving on March 30, 2018), respectively, at the Chungcheong Branch of the Chungcheong District Court, on March 30, 201.
【Criminal Facts】
1. On June 22, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) drive CM7 cars at the section of about 24 km from the front of the petition district B to the front of the Jincheon-gun, Jincheon-gun New History Road without obtaining a driver’s license under the influence of alcohol level of 0.171% of alcohol level in the influence of alcohol level around 01:55 on June 22, 2019.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which has not been mandatory insurance;
Nevertheless, the Defendant operated the CM7 car that was not covered by mandatory insurance at the same time, place, and place as the above Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and the register of driver's licenses;
1. Mandatory insurance policies;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of each summary order;
1. Article 148-2(2)2, Article 44(1), Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 46(2)2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Each imprisonment with prison labor for choice of the punishment (one or more same kind of electricity);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution (the timing and degree of drinking of the same kind of power);
1. Social service order under Article 62-2 of the Criminal Act;