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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant in violation of the Road Traffic Act is a person who is engaged in driving of a bareboat motor vehicle.
On June 6, 2014, at around 22:59, the Defendant: (a) neglected the duty of her former alcohol concentration of 0.211.% in the blood, while driving in the state of under the influence of alcohol from the direction of security along one lane; (b) damaged the roadside trees of 368,000 won in the market price managed by the Ministry of Environment of the Victim, which was planted on the right side of the proceeding.
2. Violation of the Road Traffic Act (drinking driving) and violation of the Road Traffic Act (Dless driving) provided that the Defendant driven a Bco-house under the influence of alcohol level 0.21% of alcohol level while under the influence of alcohol level 0.21%, without obtaining a driver’s license, from a section of approximately 2 km from the front of a mutually influent restaurant to the front of the “D gas station” in the front of the “D gas station” located in the front of the front north-west area.
3. The Defendant, in violation of the Guarantee of Automobile Compensation for Damages, is a person who owns a B-house.
Although the Defendant was prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, he/she was driving the motor vehicle without purchasing mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. A written appraisal of alcohol and a report on the detection of a primary driver during blood;
1. A survey report on actual conditions;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. The application of Acts and subordinate statutes related to failure to submit a written estimate for internal investigation;
1. Article 151 of the relevant Act concerning the facts constituting an offense, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Damage Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.