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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 10, 2010, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court due to a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million by the same court on January 26, 2015.
1. On December 1, 2016, the Defendant was under the influence of alcohol content of 0.105% in blood without obtaining a license for a motor device bicycle at around 13:20 on December 1, 201, and the Defendant proceeded with a distance of about 700 meters in front of a single-wing elementary school located in 122, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, from the front of a single-wing elementary school to the front of a single-wing apartment located in 12 meters at the same end of the same year.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, the defendant operated Daoba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions: References to inquiries, investigation reports (a confirmation before and after the driving of a suspect's drinking), and copies of summary order attached thereto;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation; Articles 154 subparagraph 2 and 43 of the Road Traffic Act (non-licensed driving)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving) and a crime of violating the Road Traffic Act which has heavier punishment);
1. Selection of each penalty, and that of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the foregoing provision shall apply after the lapse of an ordinary concurrence).