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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
[2] On March 12, 2009, the Defendant was issued a summary order of KRW 1500,000,000 by the same court on April 17, 2012 as a crime of violating the Road Traffic Act (drinking on drinking), respectively, on the grounds that the Defendant was issued a fine of KRW 6 million by the same court.
[Criminal facts] The Defendant is a holder of B rocketing and another car.
Although the Defendant had had a power of driving under the influence of alcohol twice as above, the Defendant driven the said rocketing car not covered by the automobile mandatory insurance at a distance of about 6km from around 0.226 meters to the front road of the D cafeteria-si in the same city as the alcohol level was under the influence of around 01:25 on January 21, 2017, while under the influence of alcohol leveling to 0.26%.
Accordingly, the Defendant, who had driven a motor vehicle twice or more, was driving a motor vehicle without being covered by the mandatory insurance under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;
1. Written estimate;
1. Fact-finding surveys and mandatory insurance;
1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);
1. Relevant Article of the Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance and the choice of imprisonment);
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of 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, on the grounds of sentencing Article 62-2 of the Criminal Act regarding community service and order to attend lectures, driven the third drinking alcohol since 2008 as the instant crime.
The blood alcohol concentration is very high.
B. The Defendant was driving a car without purchasing mandatory insurance.
However, the defendant is against himself and is subject to a fine.