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A defendant shall be punished by imprisonment for six 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
[criminal history] The defendant was sentenced to a fine of two million won for a violation of road traffic law in the Gwangju District Court's Support on November 9, 2006, and a fine of four million won for the same crime in the same court on October 15, 2014, and five million won for the same crime in the same court on October 28, 2016.
[Criminal facts] On April 14, 2017, the Defendant driven a 90cc diabane not covered by mandatory insurance without a motor device, while under the influence of alcohol content 0.168% from around 09:0 to around 3, 2017 on the roads in front of the Southern-gun B of the Republic of Korea to the roads in front of C Et. C., the Defendant driven a 90cc diabane not covered by mandatory insurance without a motor device.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Notification of the results of the control of drinking driving, field photographs of traffic accidents, the ledger of driver's licenses (A), investigation reports (application of the above dmark), and reports on detection of non-registered sludge;
1. Records of judgment: The results of inquiry and the application of the Acts and subordinate statutes for investigation reports (verification of suspect A drinking skills);
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile which is not mandatory insurance);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment for a crime of violating the Road Traffic Act and a crime of violating the Road Traffic Act (non-licenseed Driving), and a crime of violating the Road Traffic Act which has heavier punishment);
1. Selection of each sentence of imprisonment;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend a lecture, had the record of criminal punishment several times for the same crime as indicated in the judgment, and the defendant's person repeats the crime of this case.