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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 8, 2008, the Defendant has been sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Youngcheon District Court’s Young-gu branch on April 8, 2008, and a fine of KRW 1 million for the same crime at the same court on May 27, 2013.
On March 12, 2015, around 23:17, the Defendant driven a BNEWnxG car with approximately approximately 400m distance from the street parking lot in front of the “Korea Marina New Town,” which is located in the Yellownam 1 road, to the front street of the “Seoul apartment,” which is located in the same yellownam 1 road, with a blood alcohol concentration of about 0.224%.
2. Despite the fact that a motor vehicle not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act is prohibited from being operated on the road, the Defendant driven the BNEW franchise XG motor vehicle at the above date and at the above place.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. The actual condition survey report, the mandatory insurance policy investigation and the entrustment of appraisal;
1. Previous convictions: References to criminal records and investigation reports (Attachment of judgment of the same kind driving under the same Act and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;