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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Criminal Power] On August 30, 2019, the Defendant received a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court due to a violation of the Road Traffic Act (driving).
【Criminal Facts】
1. On November 5, 2019, at around 01:56, the Defendant driven an unregistered forest click in the state of under the influence of alcohol 0.116% without obtaining a motorcycle driver’s license from C front-do located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to D front-si, Chungcheongnam-do, and up to about 300 meters, the Defendant driven an unregistered forest click in the state of under the influence of alcohol 0.116%.
As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously drive a motorcycle without obtaining a driver's license.
2. A motor vehicle owner in violation of the Guarantee of Automobile Accident Compensation Act was prohibited from operating a motor vehicle on a road without mandatory insurance, but the Defendant operated the foregoing unregistered motor vehicle vehicle vehicle with no mandatory insurance at the date and time and at the place of paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking driving, the register of driver's licenses, and mandatory insurance;
1. Investigation reports on criminal records, etc. and the application of Acts and subordinate statutes on criminal records, etc. (criminal records of the same kind A);
1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant's records of sentencing under Article 62-2 of the Criminal Act, the background of the crime of this case, the attitude of the act and the degree of the principal, and the age of the defendant.