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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 5, 2007, the Defendant issued a summary order of KRW 100,000,000 as a fine for a crime of violating the Road Traffic Act in the Daegu District Court and the Racing Support, and on May 9, 2016, the same court issued a summary order of KRW 4 million as a fine for the same crime.
On September 17, 2016, the Defendant driven C truck with alcohol content of about 200 meters from the front side of the rest area of the Corporation in the East-dong-dong-dong-dong-Eup to the cooling bridge in the same Ri, without obtaining a driver's license, while under the influence of alcohol content of about 0.141%, at a section of about 200 meters from the front side of the rest area of the Corporation in the off-dong-dong-dong-dong-Eup.
2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the Defendant, at the time and place stated in the preceding paragraph, operated the Poter truck which was not covered by mandatory insurance.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against D;
1. Report on the occurrence of a traffic accident, report on actual condition, inspection report on the scene of an accident, report on the statement of the situation of a driver driving, report on the results of crackdown on drinking driving, driver's license register, details of inquiry into mandatory insurance, investigation report (verification of CCTV for crime prevention related to the operation of a vehicle), notification on vehicles which have failed to
1. Previous convictions in judgment: (A) a written inquiry about criminal history and the application of Acts and subordinate statutes to report criminal investigation (verification of the same record as the suspect);
1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
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 for mitigation of volume (Article 53 and Article 55(1)3 of the Criminal Act (the fact that the defendant repents his mistake in depth, is not very good in health status, and the defendant's person is the defendant.