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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
Punishment of the crime
1. On November 10, 2016, the Defendant was driving a vehicle without a driver’s license for a motor device at around 03:05, in the state of 0.101% alcohol concentration in blood during blood, from the department store near Busan Jung-dong NC department store at Busan Jung-dong, Busan, to the 300 meters off the 58-ro 58-ro e-mail of the same Gu.
2. No owner of an automobile who has violated the Guarantee of Automobile Compensation for Loss shall operate an automobile not covered by mandatory insurance;
Nevertheless, the Defendant operated off-to-land without any number plate that was not covered by mandatory insurance at the time and place specified in Paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial report of the driver employed at the main place;
1. License register;
1. A detailed statement of deposit transactions;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Relevant Article of the Act concerning the facts constituting an offense, Articles 148-2 (2) 2, 44 (1) (the point of drinking) of the Road Traffic Act, Article 154 subparagraph 2, and 43 (the point of driving without a license) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;
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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):
1. In addition, despite the fact that each of the crimes of this case was committed in violation of the Guarantee of Automobile Damage Compensation Act, even though there were three times of juvenile protective disposition and of fines, one time of drinking, and one time of fine due to driving without a license due to the reason of sentencing under Article 62-2 of the Criminal Act due to the observation of protection, community service order, and order to attend lecture, and one time of fine due to driving without a license, and one time of fine due to the violation of the Guarantee of Automobile Damage Compensation Act, the liability for each of the crimes of this case is not easy, but it is against the fact that the defendant's age, sex, environment, circumstances leading to the