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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal history] On April 3, 2007, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws at the Daejeon District Court on April 3, 2007. On December 14, 2007, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for a crime of violating road traffic laws.
[2] On April 7, 2017, the Defendant: (a) driven a Cgallon-ro car not covered by mandatory insurance at approximately 500 meters section from the front of a beach of the same club to the front of the Yellow Sea, on April 7, 2017, where around 14:28, the Defendant used a Cgallon-ro car not covered by mandatory insurance.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Inquiry into mandatory insurance;
1. Application of replys to inquiries, such as criminal history, investigation reports (the same type of previous conviction and confirmation), and statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating vehicles which are not mandatory insurance), the selection of imprisonment with prison labor;
1. Determination as to the defendant's assertion under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act, which aggravated concurrent crimes
1. The summary of the argument is that the Defendant was divingd in a parked vehicle while drinking, and the Defendant did not drive a motor vehicle in a drinking condition.
2. The police officer D, who controlled the Defendant by drinking alcohol driving, was called to the site after receiving a report that the Defendant was on a one-time basis for a set of money on the road front of the Yellow-gun Sea in order to keep the nautical miles of the former North Korea from the site. As the driver’s seat was opened, the driver’s seat was turned on the road while driving the vehicle, but the Defendant was sucking and diving the driver’s seat. The Defendant was sucked behind the driver’s seat and was locked, and was frighted at the driver’s seat, and was frightly driven by drinking. The Defendant first denied the driving of drinking, and then the Defendant was hick alone.