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A defendant shall be punished by imprisonment for not less than eight 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
1. On July 2018, the Defendant violated the Automobile Management Act: (a) was removed from the number plate from the DaUISE 124C Austria; and (b) was attached to the Dai J125T-1924C Bac, which was newly purchased.
Accordingly, the defendant used a two-wheeled automobile number plate unlawfully.
2. From the date and time stated in the foregoing paragraph (1) to October 30, 2018, the Defendant operated a two-wheeled automobile number plate D, air defense, which was air at all Gangnam JJ125T-19, with the effect of running a two-wheeled automobile number plate.
Accordingly, the defendant exercised the illegally used air defense.
3. At around 19:50 on October 30, 2018, the Defendant driven a motor bicycle at approximately 800 meters away from the Do in front of the F cafeteria in the Gangnam-gun of Gangnam-gun to G, without obtaining a license for a motor bicycle at approximately 800 meters, while under the influence of alcohol at about 0.127%, the Defendant driven a motor bicycle at approximately 0.125T-1924cc under the influence of alcohol.
4. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of HJ125T-124cc. and is not a mandatory insurance policy, and the Defendant shall not operate a motor vehicle on the road.
Nevertheless, the defendant operated the Oral Ba which was not covered by mandatory insurance at the time and place mentioned in the above paragraph 3.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, notification on the results of crackdown on driving under the influence of alcohol, the register of driver's licenses, the mandatory insurance, and the application of Acts and subordinate statutes;
1. Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Automobile Accident Compensation Act concerning criminal facts.