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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On July 13, 2009, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Jeju District Court. On November 27, 2009, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jeju District Court on November 27, 2009, and on May 18, 2017, the Jeju District Court sentenced two years of a suspended sentence of one year of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and became final and conclusive on May 26, 2017.
1. On July 14, 2018, the Defendant driven the GTS125EVI 125CC 125 under the influence of alcohol while under the influence of alcohol up to the 0.114% of 0.14% of alcohol alcohol level at the Dob where the Dob was in the influence of the Jeju-si, Jeju-do, without obtaining a driver’s license, at around 20:30 on July 14, 2018.
As a result, the defendant has violated the Road Traffic Act not less than twice without obtaining a driver's license, and once again driven a motor vehicle while under the influence of alcohol.
2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on which no mandatory insurance has been subscribed;
Nevertheless, the defendant operated the above motorcycle, which is a motor vehicle not covered by mandatory insurance at the same time and place as in the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Investigation report on criminal records, etc. and investigation reports (the confirmation, etc. of crimes and the same kind of crimes during the period of suspension of execution of sentence) shall apply to statutes;
1. Relevant Act on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act
1.Article 40 of the Criminal Code of Trade and Trade.