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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
On January 5, 2009, the Defendant received a summary order of a fine of KRW 4 million from the Changwon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 3 million from the same court on March 16, 2009 due to a violation of the Road Traffic Act (driving).
1. On February 2, 2013, the Defendant: (a) obtained a number plate from a steel farm located in the members of the Masan-si, Masan-si, Changwon-si; and (b) did not take necessary procedures, such as returning it to the victim; and (c) took the idea that he/she had to have.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. On February 2, 2013, the Defendant illegally used air defense, attached the number plate of the Defendant’s non-registered 124CC to the Defendant’s non-registered marba, and operated the above marb in the Dong-dong of the members of the Masan-si, Changwon-si, Seoul Special Metropolitan City, by March 5, 2014.
3. 도로교통법위반(음주운전), 자동차손해배상보장법위반 피고인은 2회 이상 음주운전 처벌 전력이 있음에도 불구하고, 2014. 3. 5. 15:22경 경남 창원시 마산회원구 회원동에 있는 ‘어쭈구리 실비’ 식당 앞 도로에서, 혈중알콜농도 0.130%의 술에 취한 상태로 의무보험에 가입되지 아니한 위 오토바이를 운전하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiries about reports on detection of drinking drivers and the results of crackdown on drinking driving;
1. A copy of the report;
1. The credit bureau and the mandatory insurance association;
1. Previous records: Application of criminal records and investigation reports (former records and binding of court rulings) and statutes;
1. Relevant Articles 360(1) of the Criminal Act, Article 238(1) of the Criminal Act, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and the main text of Article 8 of the Act on Guarantee of Automobile Accident Compensation.