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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On January 5, 2007, the Defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on January 5, 2007. On January 20, 2016, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same crime in the same court.
1. On July 17, 2016, the Defendant: (a) driven a D low-speed car while under the influence of alcohol by 0.051% in the section of about 15km, without obtaining a driver’s license, from around the day front of the cross-indoor indoor packing horse in Dongjak-gu Seoul Metropolitan Government, to the day front of the road in front of the day in front of the day in front of the day in Ansan-gu, Seoul.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a DNA high-speed car.
No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.
Nevertheless, the Defendant operated an automobile without mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Reporting on arrest, such as violation of the Road Traffic Act;
1. The circumstantial report of an employee;
1. Notification of the control of drinking driving;
1. Register of driver's licenses (32 pages of evidential records);
1. Mandatory insurance policy (303 pages of evidence);
1. Records before and after judgments: Criminal history records, replys to the Seoul Eastern District Court decisions (2015 High Court Decisions 2015No3544), summary order issued by the Seoul Eastern District Court (2006 High Court Decision 24868) shall apply;
1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. The Criminal Act among concurrent crimes.