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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
1. On June 20, 2019, the Defendant, while under the influence of alcohol at a level of 0.068% of blood alcohol level, driven a Fone Starex truck in the section of about 1km from the front of a restaurant located in the Jeonnam-gun B to the front of the road located in D, while driving a bit-line truck in the section of about 1km.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of Fone Starex truck, was prohibited from operating a vehicle that is not covered by mandatory insurance on the road, but operated the said Fone Star truck without mandatory insurance at the time and time specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Application of Acts and subordinate statutes of the Mandatory Insurance Association;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and choice of imprisonment, respectively, with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The sentencing of Article 62-2 of the Criminal Act requires a comprehensive consideration of the criminal records of the defendant, the nature and risk of each of the crimes of this case, the circumstances leading to the crimes, the family relationship, the health condition of the defendant, and the possibility of recidivism as stated in the records and arguments of this case.