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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On September 20, 2007, the Defendant was sentenced to a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Incheon District Court on September 20, 2007, and on November 10, 2009, the Defendant was sentenced to a suspended sentence of two years for the same crime, etc. at the same court on November 10, 2009, and was dismissed by the Supreme Court on April 21, 201.
On March 6, 2013, around 23:25, the Defendant, who had been punished for drunk driving twice or more as above, driven Calp car from approximately 1.5 km in the state of alcohol alcohol concentration of about 0.189% under the influence of alcohol to the front road of the “carprora” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, from March 6, 2013.
2. The defendant in violation of the Guarantee of Automobile Accident Compensation Act shall not operate a motor vehicle on the road which is not covered by mandatory insurance as a holder of a CDap vehicle; and
Nevertheless, the defendant operated the above automobile which was not covered by mandatory insurance at the time and place mentioned in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A report on initial action at the traffic accident site;
1. Report on the circumstantial statement of the driver and report on the detection of the driver;
1. Mandatory insurance policies;
1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and statutes;
1. Relevant statutory driving for a crime: Operation of non-insurance vehicles under Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act: Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;
1. Selection of each sentence of imprisonment;
1. From among concurrent crimes, the punishment for concurrent crimes is aggravated within the scope of punishment calculated by adding up the maximum term of the crimes of violation of the Road Traffic Act which are heavier than the punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);