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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 February 10, 2009, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Busan District Court’s Branch Branch, etc., and on August 20, 2010, the Defendant was sentenced to imprisonment for 10 months and 2 years of suspended execution with the same court.
On February 20, 2014, the Defendant, as seen above, driven a B Poter II cargo vehicle without mandatory insurance with a blood alcohol concentration of about 0.105% from the 4km section of approximately 4km to the 58th road in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-gu, Seocheon-gu, 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;
1. The credit bureau and the mandatory insurance association;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of failing to subscribe to mandatory insurance and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;