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A defendant shall be punished by imprisonment for not more than ten 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 August 29, 2014, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's Busan District Court's branch court's summary order of KRW 2.5 million for a violation of the Road Traffic Act. On January 15, 2016, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's branch court's Busan
On May 12, 2019, at around 03:05, the Defendant driven a two-wheeled motor vehicle (age 125C) without registration in the state of alcohol alcohol concentration of about 0.294% at the 1km section from the front of the “Cju” road located in Suwon-gu, Busan to the front of the “E” located in the same Gu as “E” located in D.
Accordingly, the defendant was a person who violated the prohibition of drunk driving more than twice, and was driving again.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act is the owner of a two-wheeled automobile without registration.
No motor vehicle which is not covered by mandatory insurance shall be operated on a road.
Nevertheless, the Defendant operated the two-wheeled Motor Vehicle, which was not covered by mandatory insurance at the time and place of Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The circumstantial statement of the employee;
1. Report on the circumstances of an employee;
1. A report on investigation;
1. Notification of detection of an unqualified motor vehicle;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of three copies of a summary order;
1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act; and the choice of imprisonment, respectively, with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Provided, That it shall be within the scope of the total of the maximum term of the punishment for two crimes);
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;