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A defendant shall be punished by imprisonment for six months.
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
On April 19, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) with respect to the leisure support by means of water sources method sources, and a summary order of KRW 3.5 million for the same crime in the same court on May 31, 2017, respectively.
1. On September 25, 2018, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on the road: (a) 21:25 on September 25, 2018, the Defendant, at around 3 km away from the road near Lenecar to the off-school lane located in the same city cancer, was under the influence of alcohol concentration of about 0.250% during blood and at the same time, driven a B-Tech car without obtaining a driver’s license.
2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance of motor vehicles;
Nevertheless, the defendant 1 operated a car with B, which is not covered by the mandatory insurance at the time and place mentioned in the above 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports (1), (2) on traffic accidents;
1. A written statement of the occurrence of a traffic accident C;
1. Written estimate;
1. On-site photographs;
1. Statement of the circumstances of the driver involved in driving;
1. A copy of bankbook;
1. The driver's license ledger;
1. Written inquiry about criminal history, etc.;
1. Application of Acts and subordinate statutes to a copy of a summary order, reporting the previous records of each disposition and the results thereof;
1. Article 148-2 (1) 1, Article 44 (1) 1, Article 152 (1), and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;
1. Crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (non-licensed driving). Punishment of the crimes of violation of the Road Traffic Act which are heavier than punishment;
1. Selection of imprisonment with prison labor chosen;
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 53 of the Criminal Act for mitigation of amount;