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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 13, 2018, the Defendant was under the influence of alcohol by 0.143% in blood without a vehicle driver’s license on March 21, 2018, the Defendant driving B Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k
2. No defendant who violates the Guarantee of Automobile Compensation for Loss shall operate a motor vehicle on the road, which is not covered by mandatory insurance, as a person who owns a BKaman car;
Nevertheless, the defendant operated the above BKan car without mandatory insurance as stated in the above 1. paragraph at the same time, at the same place, and at the same time and place as the above 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquire into information not covered by mandatory insurance;
1. Article 148-2 (2) 2, 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), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend a lecture and taking into account all the various conditions of sentencing specified in the instant argument, and in particular, the following circumstances should be taken into account: The defendant committed each of the instant crimes even though he/she was punished several times by drinking or non-licensed driving, including having received a summary order of KRW 2.5 million due to a violation of Road Traffic Act at the Jeju District Court on October 16, 2017.