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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant, at the Jeonju District Court on March 18, 2008, received a summary order of KRW 1 million for a crime of violating the Road Traffic Act. On November 16, 2015, the Defendant received a summary order of KRW 5 million for the same crime in the same court.
2. Criminal facts;
A. The Defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) had twice the history of being punished for driving under the influence of alcohol as above, operated a bicycle without the driver’s license of a bicycle with approximately 2 km of 13m from the road of the 185 km-ro in the front city at the front city of the city to the 185 knive-ro-ro-ro, the 13m knive-ro, in the front city of the city, while under the influence of 0.139% of alcohol during the influence of alcohol from around 20:30 on December 24, 2017.
Accordingly, even though the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, he operated a motor device bicycle without a driver's license under the influence of alcohol.
(b) No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the defendant operated the motor device bicycle that is not covered by mandatory insurance at the time and place mentioned in the above paragraph (a).
Summary of Evidence
1. Statement by the defendant in court;
1. The actual investigation report on traffic accidents;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Statement;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a bicycle without a license motor vehicle) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);
1. Articles 40 and 50 of the Criminal Code of Trade and Trade.