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A defendant shall be punished by imprisonment for not more than ten 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 2, 2017, the Defendant: (a) driven a bicycle without any registration under the influence of alcohol for about 0.309% of alcohol while under the influence of alcohol, without obtaining a bicycle driver’s license, from a section of approximately 100 meters from the mutual influence, front of the trade name in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road in Gyeonggi-gu, Seoul Special Metropolitan City.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, on July 2, 2017, the Defendant operated a non-registered motor bicycle on the front of B at Silung-si, 2017, which was not covered by mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. Reports on traffic accidents, reports on the circumstantial statements of drivers, reports on alcohol alcohol during blood, inquiries about the results of crackdown on drinking, and the application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 48-2 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence as imprisonment with prison labor (any unfavorable circumstances, such as the fact that the blood alcohol concentration reaches 0.309% at the time of the instant crime, and that the Defendant has been punished for the same kind of crime twice, etc.);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of long-term punishments) to increase concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of volume (the defendant recognized his mistake and reflects his mistake, the defendant committed the crime of this case after the passage of 11 years from the time of punishment for the same kind of crime, and the defendant's family situation is not good.