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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
On March 21, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and on May 22, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for the same crime at the same court on September 22, 2009, upon receiving a summary order of KRW 3 million for the same crime from the same court on September 22, 2009. On October 26, 2012, the Defendant was sentenced to a summary order of KRW 3 million for the same crime.
On February 14, 2016, the Defendant driven a C-Lp car owned by the Defendant, which was not covered by mandatory insurance under the influence of approximately 0.097 percent of alcohol content at a section of about 200 meters from the front day of the art gallery located in Pyeongtaek-dong, Jinju-si, to the front day of the ledger-type restaurant located in the 7th day of the new park in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Reporting on detection of drivers engaged in the primary business and inquiries about mandatory insurance;
1. Previous conviction: Application of criminal history inquiry, sentence and summary order Acts and subordinate statutes;
1. Imprisonment with labor under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Compensation Act; and each of the imprisonment with labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;