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Defendant shall be punished by imprisonment for a term of one year and two months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On January 2, 2009, the Defendant was issued a summary order of 3.5 million won by the Cheongju District Court for a violation of the Road Traffic Act (refluence of measurement), etc., and on June 20, 2012, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor at the Cheongju District Court for a violation of the Road Traffic Act (Refluence).
【Criminal Facts】 The Defendant is a person who is engaged in driving the B overwing and cutting-down cargo.
On September 17, 2019, around 18:55, the Defendant continued to park the cargo vehicle under the influence of alcohol 0.194% under the influence of alcohol without a driver's license, which is not covered by liability insurance in D located in the petition-gu C, Cheongju-si.
As a result, the Defendant violated the provision on “the prohibition of driving under the influence of alcohol” without a driver’s license twice, and operated a vehicle not covered by mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on the occurrence of traffic accidents, actual condition investigation reports, circumstantial statements of a drinking-employed driver, investigation reports, notification of the results of the control of drinking-driving, license register, and mandatory insurance association;
1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports, and judgment;
1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor for choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Timing, frequency, etc. of the same kind of power);
1. Article 62 (1) of the Criminal Act (the distance of sound driving, etc.);
1. Judgment dismissing public prosecution under Article 62-2 of the Criminal Act;
1. Of the facts charged in the instant case, the Defendant is a person engaged in the operation of BJ dykes and fykes to drive the instant cargo.
The defendant on September 17, 2019.