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A defendant shall be punished by imprisonment for one year.
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
[criminal history] On July 2, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Jeju District Court, etc. On June 3, 201, the Defendant was sentenced to a suspended sentence of 6 months, including a suspended sentence of 5 months for the same crime. On June 3, 2011, the Defendant was sentenced to a suspended sentence of 4 months for a violation of road traffic laws (non-licensed driving) at the same court on August 25, 2010, seven non-licensed driving power including a suspended sentence of 2 years for a violation of road traffic laws.
[Criminal facts]
1. On July 3, 2017, the Defendant was under the influence of alcohol of 0.058% in blood without a driver’s license on July 23, 2017, the Defendant driving, from the gold agro-industrial complex located in the Geum-si, Jeju-si, a gold-si, to the road front of the future energy in the Jeju-si, the Jeju-si, the Han-si, in which the Defendant had been under the influence of alcohol of 0.05% in blood.
Therefore, even though the Defendant violated the prohibition of driving in driving at least twice, he also driven a motor vehicle while under the influence of alcohol without a driver's license.
2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter freight.
No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.
Nevertheless, the Defendant, around July 3, 2017, operated the B Poter Cargo, which was not covered by mandatory insurance on the Jeju energy front road located in the Korea Forest Eup, Jeju-do, Jeju-do, Jeju-do. On July 3, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger (A);
1. Inquiry into mandatory insurance (B);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of drinking driving force, etc.);
1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 152 subparag. 1 of the Road Traffic Act.