Text
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
On October 2, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daegu District Court, and on February 8, 2018, a summary order of a fine of four million won for the same crime from the Daegu District Court racing support to the Daegu District Court.
1. On February 14, 2018, the Defendant: (a) violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license); (b) driven BM7 car under the influence of alcohol by 0.129%, without obtaining a driver’s license, at approximately 50 meters from the front day of the mutual influence of the trade name located in the opposite direction of south-gu at the port of port on February 14, 2018, to the front day of the 126 Dopo-ro 13, Gopo-ro, Gopo-ro, Annick Scam, Scam, which was under the influence of alcohol by 0.129%.
As a result, the Defendant again driven a motor vehicle without a driver's license in violation of the prohibition of drinking driving under the Road Traffic Act, which violates the prohibition of driving under the above influence of alcohol.
2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the defendant operated the above car owned by the defendant as stated in the above 1. Paragraph 1. at the time and place.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of investigation, and applying Acts and subordinate statutes to investigation reports (previous convictions related to driving of suspect drinking);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
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. Reduction of a small amount;