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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Criminal facts
On January 8, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving under the influence of alcohol), etc. at the Suwon District Court, and on October 9, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving under the influence of alcohol), etc. at the Ansan District Court, and on April 8, 2010, violated Article 44 (1) of the Road Traffic Act at least twice.
1. On March 25, 2013, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a driver’s license) driving a Cobserver car under the influence of alcohol of 0.238%, while under the influence of alcohol of 0.238%, from the road front of the head office in the Geumnam-gu, Sungnam-gu, Seoul Special Metropolitan City, to the road front of the head office in the gold-gu, Sungnam-gu to the road front of 299-2, 299-2.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act operated a passenger car owned by the Defendant, which was not covered by mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Statement of the defendant in the first protocol of trial;
1. A written statement concerning D;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. The driver's license ledger;
1. Mandatory insurance policies;
1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to data concerning the current status of water and confinement), and application of Acts and subordinate statutes to investigation reports (report on the confirmation of electrical records and personal records
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 (see the following reasons for sentencing) of the Criminal Act are the same.