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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On March 20, 2017, the Defendant was issued a summary order of KRW 3 million for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving) at the Sungnam Branch of Suwon District Court on March 20, 2017.
【Criminal Facts】
1. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) were under the influence of alcohol at the temporary border level of 0.099%, and without a motorcycle driver’s license, the Defendant operated the above unregistered one at the section of approximately 3 km from the Gyeonggi-si Parking Lot B to the above accident site.
As a result, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) or (2) of the Road Traffic Act more than twice.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated the foregoing unregistered diaba not covered by mandatory insurance at a section of about 3 km from the parking lot B in Gwangju-si to the place of the said accident.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the occurrence status of a traffic accident prepared C;
1. Investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, photographs at the scene of accidents, and investigation reports (report on telephone conversations of a suspect A);
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, investigation report, vehicle driving license register, and disqualification of the main office;
1. Criminal records as stated in the judgment: Application of criminal records, reply reports (A), investigation reports (reports on printed materials, such as judgment A by a suspect), and statutes;
1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving under the influence of alcohol on the market), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (the point of driving under the influence of mandatory insurance);
1.Article 40 and Article 50 of the Criminal Code of the Commercial Competition is due to the driving without a license for motor apparatus.