Text
A defendant shall be punished by imprisonment for six 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
Criminal facts
[criminal history] On May 2, 2014, the Defendant is a person who violated the summary order of a fine of KRW 7 million on the grounds of a violation of road traffic law (driving), and on February 12, 2014, the Defendant received a summary order of KRW 5 million from the same court due to the same crime, etc. on the same day, and violated two or more times the prohibition of driving under the influence of alcohol.
[2] On January 19, 2018, the Defendant 17:08 at the two-lane 1119 safety center prior to the 252 ambro 119 safety center, the Defendant, without a driver’s license, driven an off-to-land without a mandatory insurance policy, where the Defendant driven an off-to-land without a driver’s license, which was under the influence of alcohol level 0.063%, and proceeded with the first road. While the Defendant was under the influence of the said road, the Defendant: (a) while driving the off-to-land without a driver’s license, he was under the influence of alcohol; (b) the Victim C Co., Ltd. of the victim B, who was under the influence of alcohol, was under the influence of alcohol and was under the influence of alcohol, did not immediately move while the vehicle was stopped in accordance with the traffic signals; and (c) was entirely destroyed by the above off-to-face 1,682,20 won.
Summary of Evidence
1. Statement by the defendant in court;
1. B written statements;
1. A survey report on actual condition, notification of the results of regulating the driving of drinking, the ledger of driver's license, and written estimates;
1. An accident scene photograph;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Article 154 subparag. 2 and Article 43 of the Road Traffic Act (non-licensed driving) concerning the facts constituting an offense, Article 154 subparag. 1 and the main sentence of Article 18 of the Road Traffic Act, Article 148-2 subparag. 1 and Article 44(1) of the Road Traffic Act (the point of drinking), Article 151 of the Road Traffic Act (the point of destroying property from negligence), Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act, and the main sentence of Article 8 (the point of operating a non- mandatory insurance vehicle);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Violation of the Road Traffic Act and the Act on Guarantee of Automobile Compensation: Selection of imprisonment without prison labor;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.