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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
[Criminal Power] In addition to the issuance of a summary order of a fine of five million won for a violation of the Road Traffic Act at the Daegu District Court on September 9, 2009, the Defendant is a person with the same kind of power more than six times in addition to the issuance of a fine of five million won for the same crime from the Youngju District Court's Young-dong Branch on November 22, 2013.
【Criminal Facts】
1. On November 22, 2013, the Defendant: (a) driven B leto or cargo vehicles while under the influence of alcohol at 0.120% of the blood alcohol concentration on the side of the Yancheon-si, Kimcheon-si.
Accordingly, the Defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol again.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of letos or freight vehicles B, was prohibited from operating an automobile on the road which is not covered by mandatory insurance, but operated the automobile without mandatory insurance, as described in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver, and report on the status of a host driver;
1. Information about the purchase of mandatory insurance;
1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), reporting on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (attached to summary orders in the same case);
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 sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on the Guarantee of Automobile Accident Compensation, and each choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do141, Apr. 21, 201; 201Do112, Apr. 1, 201
1. Article 62 (1) of the Criminal Act;
1. An order to attend a course under Article 62-2 of the Criminal Act;