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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On January 26, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license) on the grounds of a violation of the Road Traffic Act (driving without a license) in the Youngcheon District Court’s Young-gu Branch of the Chuncheon District Court. On December 30, 201, the Defendant was sentenced to a summary order of 5 million won for the same crime, etc. in the same court, and on April 16, 2013, the Defendant was sentenced to a suspended sentence of 1 year for the same crime, etc.
On June 23, 2019, at around 16:20, the Defendant driven FIT-100 Oralba, while under the influence of alcohol leveling 0.203% without obtaining a motorcycle driver’s license from around 300 meters to the “E” road located in D, which is located in D, from the roads near Gangwon-gun, Gangwon-do.
Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;
Nevertheless, the Defendant operated an automobile without mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Defendant's legal statement;
1. Two copies, such as a drinking photograph, notification of the results of the influence-free driving control, vehicle driving report, vehicle driving certificate register, vehicle driving license register, red inquiries, mandatory insurance bureau, investigation report (to listen to the G phone statement of persons for reference);
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes attached thereto;
1. Relevant law concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.