Text
A defendant shall be punished by imprisonment for six 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
[criminal history] The Defendant was issued a summary order of KRW 4 million for a crime of violating the Traffic Act on February 27, 2009, and a fine of KRW 4 million for a crime of violating the Road Traffic Act on December 9, 2014.
[2] On June 2, 2016, the Defendant: (a) was a person with at least two times of alcohol driving skills; (b) was driving a motor vehicle in B-ro, which was owned by the Defendant and was not covered by mandatory insurance without obtaining a driver’s license from approximately 2 km section from around 3-14 in the Gu-gu, Sinsan-si, Sinsan-si, Sinsan-si, the upper limit of the 3-14th to the 6rd 14-3rd Do-ro, the same Gu-ro, the upper limit of the 14-3rd Do-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving at home, report on the results of regulating drinking driving, ledger of driver's license, and inquiry about mandatory insurance;
1. Previous convictions in judgment: Application of the provision of a reply to inquiry, such as criminal history, (A) and a copy of a summary order;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of failing to purchase mandatory insurance);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment with prison labor (or, considering unfavorable circumstances, such as that the defendant has been punished for the same kind of crime several times);
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. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity (the circumstances favorable to the Defendant, including the fact that the Defendant recognized his mistake and reflects his mistake, and that the alcohol concentration among the blood transfusion of the instant crime is 0.059%);
1. Article 62 (1) of the Criminal Act on the suspension of execution (this provision shall be repeatedly considered for the reason for reduction of volume as seen earlier);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;