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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On October 9, 2007, the Defendant was sentenced to eight months of imprisonment by the Jeonju District Court due to a violation of the Road Traffic Act (driving). On August 28, 2013, the Defendant appealed six months by having been sentenced to imprisonment by the same court as of August 28, 2013, and is still pending in the appellate trial.
1. On June 19:27, 2013, the Defendant driven a Cmotor bicycle under the influence of alcohol with approximately 0.153% of the blood alcohol concentration at the section of about 300 meters up to the front of the purification house located in the same Dong as above, without obtaining a bicycle driver’s license for the motor device at around 19:27, 2013.
2. The owner of an automobile under the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on a road which is not covered by mandatory insurance;
Nevertheless, at around 17:00 on June 16, 2013, the Defendant operated the above Oralb, which was not covered by mandatory insurance from the Defendant’s dry field located in Kim Jong-si B to the front day of the purification house located in Kim Jong-si, 19:27 on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving, and the driver's license register;
1. Mandatory insurance policies;
1. Previous records of judgment: Criminal records, etc. and the application of each of the judgment statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: