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A defendant shall be punished by imprisonment for one year.
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
[criminal history] On November 27, 2007, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law at the Incheon District Court’s Busan District Court’s Busan District Court’s Branch on November 27, 200, and a fine of KRW 1,50,000 for the same crime at the same court.
[Criminal facts]
1. On October 22, 2020, the Defendant driven a F SL125 Oral Ba in the state of alcohol alcohol concentration of approximately 0.070% from the section of approximately 1.2km to the front road of “E” located in Kimpo-si B, Kimpo-si, Kimpo-si, Kimpo-si.
2. The Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven F SL125 Obama without obtaining a driver’s license at the date and place specified in paragraph 1.
3. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the time and place specified in paragraph 1, operated FSL125 Oba, which was not covered by mandatory insurance.
Summary of Evidence
1. The defendant's legal statement report on the situation of the driver's driver who makes a statement, inquiry into the driver's license ledger, inquiry into the driver's license ledger, and inquiry into the mandatory insurance of the defendant;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the previous confirmation thereof), and summary order-making Acts and subordinate statutes;
1. Article 148-2 (1), Article 44 (1) (Drinking) of the Road Traffic Act, Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a mandatory insurance) of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of each sentence of imprisonment;
1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (to the extent that punishment is more severe than punishment is aggregated with the long-term punishment for each crime of violation of Road Traffic Act.