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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On January 20, 2015, the Defendant was sentenced to six months by the Changwon District Court for an injury, etc., and completed the execution of the sentence on May 9, 2015.
1. On January 17, 2017, the Defendant was under the influence of alcohol at 0.086% in blood without obtaining a driver’s license of a motor vehicle on January 21, 2017, and the Defendant was driving a two-km vehicle from the 2km section of approximately 2km to C galthm from the 35-ro, Changwon-gu, Changwon-si, Changwon-si, 5-ro, Changwon-si, 2-3.
2. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle which is not covered by mandatory insurance;
Nevertheless, the Defendant operated a gallon-II vehicle that was not covered by mandatory insurance at the same time and place as in the preceding paragraph.
Summary of Evidence
The application of the defendant's statutory statement statement report to the driver's statement of the main driver's license ledger to the investigation report (the confirmation of the date of release from the office and the binding of the relevant decisions, etc.).
1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Insurance Act (the point of operating an automobile which is not mandatory insurance);
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of a sentence of selective imprisonment (the defendant has much past record of criminal punishment, including punishment and suspended execution, and this case is not only a crime during the period of repeated crime, but also a crime committed during the period of repeated crime and has been sentenced to a fine once due to drinking during the period of repeated crime and has already been tried for a crime of insult).
4. Article 35 of the Criminal Act for aggravated repeated crimes;
5. former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act, the aggravation of concurrent crimes;