Text
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
On June 29, 2009, the Defendant received a fine of KRW 3 million from the Changwon District Court for the violation of the Road Traffic Act (the crime of April 2, 2009), etc. On January 21, 2013, the Defendant received a fine of KRW 1,50,000 for the violation of the Road Traffic Act (the crime of December 9, 2012) from the Changwon District Court for the violation of the Road Traffic Act (the crime of March 16, 2013). On July 2, 2013, the Defendant received a fine of KRW 1,50,000 from the Changwon District Court for the violation of the Road Traffic Act (the crime of March 16, 2013) at least twice.
1. On October 27, 2015, the Defendant was under the influence of alcohol at around 01:55 on the roads located in the luminous department of Busan, under the influence of alcohol at least 0.162% without obtaining a driver’s license, and driving a Dap car at approximately 2km from the roads located in the luminous department of Busan, to the roads in the front of the yellow-gu tunnels.
2. A motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall buy a mandatory insurance policy which bears the responsibility for paying a specified amount to the victim when another person dies or has been injured due to the operation of the motor vehicle, and shall not drive any motor vehicle which is not covered by the mandatory insurance
Nevertheless, the Defendant operated the said car without mandatory insurance as a holder of the said car at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Registers of driver's licenses;
1. Inquiry into mandatory insurance;
1. Records of judgment: Application of inquiry reports and investigation reports (Attachment to the same type judgment, etc.) and statutes, including criminal records;
1. Article 152 subparag. 1, Article 43 of the Road Traffic Act, Article 148-2(1)1, and Article 44(1) of the Road Traffic Act (the point of sound driving) concerning criminal facts, Article 46(2)2, and Article 8 of the Guarantee of Automobile Accident Compensation Act.