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A defendant shall be punished by imprisonment for not less than eight 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. Around 23:50 on April 30, 2016, the Defendant driven B Poter Cargo under the influence of alcohol with approximately 0.105% of alcohol level 0.105%, without obtaining a driver’s license, on the two-lane section from the Do in front of the Sudodol, Geum-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, who is in the influence of the influence of the blood alcohol level.
2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road which is not covered by mandatory insurance for motor vehicles;
At around 23:50 on April 30, 2016, the Defendant operated B Poter Cargo Vehicles, which did not mandatory insurance, from the Do in front of the extreme Middle School, to the Do in front of the Tacheon River.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of crackdown on drinking driving and the statement in the circumstances of drinking drivers;
1. Each on-site photograph and the actual survey report;
1. Registers of driver's licenses;
1. Making inquiries into the enemy and mandatory insurance;
1. Application of Acts and subordinate statutes to investigation reports (specific places where food driving is discovered);
1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 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 concerning criminal facts;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of the crimes violating the Guarantee of Automobile Accident Compensation Act which are heavier than the punishment] shall be concurrent crimes (limited to the sum of the crimes of the above two crimes): Provided, That the lowest sentence shall be determined by the crimes of violation of the Road Traffic Act];
1. Article 62(1) of the Criminal Act: