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A defendant shall be punished by imprisonment for one year.
except that 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
1. On October 17, 201, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act at the Gwangju District Court on April 26, 201, and a suspended sentence of two years by the same court on April 26, 2012
On July 9, 2016, at around 01:10, the Defendant driven Gelim 50CC, under the influence of alcohol leveling 0.139% without a bicycle driver’s license, from approximately 1km section to the front road of the Han River Station located in the same Eup/Myeon, from the roads adjacent to the Han River Station located in the Han River Office in the Dondong-gun, the Mandong-gun, the Mandong-gun, the Republic of Korea, the Republic of Korea, at around 01:10 to the front road of the Han River Station.
2. They shall not be operated on a road that is not covered by mandatory insurance for violating the Guarantee of Automobile Accident Compensation Act;
The Defendant did not purchase mandatory insurance at the same time and place as the foregoing Paragraph (1) and operated 50CC stacks.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A report on the detection of a driver involved in driving (Evidence Nos. 15);
1. Requests for national water appraisal;
1. Registers of driver's licenses;
1. A report on occurrence of a traffic accident;
1. A warrant for search, seizure and verification;
1. Previous records of judgment: Application of inquiry letter, investigation report (Attachment to the same type judgment, etc.) and statutes, such as criminal records;
1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
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. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.