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A defendant shall be punished by imprisonment for two years.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On August 4, 2011, the Defendant received a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court on August 4, 201.
On July 6, 2020, the Defendant driven a motor bicycle driver’s license in the state of alcohol concentration of approximately 0.117% from the 1km section from the front of C elementary school located in Suwon-si, Suwon-si, Suwon-si, to the front road of Suwon-si, Suwon-si, without obtaining a motor device driver’s license in the state of alcohol concentration of approximately 0.17% from the 1km section, and driving EVL125 Oba, which is not covered by mandatory insurance.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Intending to inquire into the automobile driver's report on the circumstances, investigation reports, and mandatory insurance to notify the results of regulating the driving of drinking;
1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;
1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (amended by Act No. 154 subparag. 2, and Article 43 of the Road Traffic Act), Article 46(2)2 of the Guarantee of Automobile Compensation Guarantee Act, and the main sentence of Article 8 of the same Act (the occupation of a vehicle which is not mandatory insurance) concerning the crime;
1. Selection of imprisonment with prison labor for the selection of a sentence among the crimes under Articles 40 and 50 of the Criminal Act ( between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (unlicensed Driving));
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;