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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Force” On December 24, 2012, the Defendant was sentenced to a summary order of KRW 2 million on the grounds of a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch Branch, and was charged with a fine of KRW 4 million on March 4, 2016 with a penalty of KRW 4 million on the grounds of a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch.
[Criminal Facts]
1. On February 20, 2016, the Defendant was driving BEAVOF on the road in front of this cafeteria restaurant located in Seo-gu, Daegu, Seo-gu, Seoul, without obtaining a motor device bicycle license from approximately 500 meters section to the road in front of Daegu, Seo-gu, Daegu, the Defendant driven BEAVOF under the influence of alcohol with approximately 0.144% alcohol while under the influence of alcohol.
As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a motor vehicle without obtaining a motor device bicycle license under the influence of alcohol.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, the defendant operated the above Oral Ba which was not covered by liability insurance at the same time and place as in the preceding paragraph.
Summary of Evidence
1. Statement by the defendant in court;
1. A traffic accident report;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. Interpellation into the ledger of driver's licenses and medical insurance contracts;
1. Previous conviction: A written reply to inquiries, such as criminal history, - Application of the indictment-related Acts and subordinate statutes;
1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning the crime; Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 46(2)2, and Article 8 of the Guarantee of Automobile Compensation Act concerning the operation of a bicycle with no mandatory insurance)
1. The Commercial Concurrent Crimes Act.