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A defendant shall be punished by imprisonment for a term of one year and eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 25, 2009, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) in the Sungwon District Court's Sungnam branch, and on November 23, 201, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months for a violation of the Road Traffic Act (driving) at the Suwon District Court.
1. On November 17, 2019, the Defendant violated the Road Traffic Act ( sound driving) in light of the F-recordd state of 0.201% of blood alcohol content in the section of approximately 3 km from the front of the “C” in Suwon-si, Suwon-si, to the front of the “E” located in the same Gu D, the Defendant corrected the “G” as stated in the indictment, since it is apparent that the “G” is a clerical error.
LFIIS AFL has driven other vehicles.
Accordingly, the defendant violated the prohibition of drinking driving more than twice.
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 driven a FLF rocketing car that is not covered by mandatory insurance at the time and place specified in Paragraph 1, such as the date and place specified in Paragraph 1.
Accordingly, the Defendant, as a motor vehicle owner, operated a motor vehicle not covered by mandatory insurance.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the occurrence of the case;
1. The circumstantial statement of the driver, the investigation report, and the written appraisal of blood alcohol;
1. Records of judgment: Application of Acts and subordinate statutes, such as criminal records, reply reports, and written judgments;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, 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;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Criminal Act for orders to provide community service and attend lectures;