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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
The Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court on January 10, 2012, and a fine of KRW 5 million by the same court on November 26, 2013.
1. On September 22, 2014, the Defendant driven a 49c motor bicycle without a license in a state of alcohol alcohol concentration of 0.056% without a vehicle driver’s license at a section of about 500 meters in front of the Ulsan-dong MBC distance around the Central Market of Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do, and 22:51 on September 22, 2014.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of a motor bicycle 49cc. without a license plate, operated the said motor bicycle that is not covered by mandatory insurance, as described in paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. The driver's license ledger;
1. Investigation report ( telephone conversations of a suspect);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (suspects' previous records and reports);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)
1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he had been punished twice due to drinking driving, and the current Road Traffic Act is a person who has violated the prohibition of drinking driving more strictly.