Text
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On September 30, 2014, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on May 11, 2007, a summary order of KRW 2 million from the Incheon District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
1. On June 8, 2019, the Defendant: (a) around June 20, 2019, the Defendant driven an unregistered five hundred meters from the front of the Seoul High-gun Seoul High-gun Seoul High-gun, Seoul High-gun, to the front road of the C Community Center, without a motorcycle driver’s license, that is not covered by mandatory insurance in the state of under the influence of alcohol 0.133% of the blood alcohol concentration, without a motorcycle driver’s license.
2. On June 9, 2019, the Defendant: (a) around 11:00 on June 9, 2019, the Defendant driven the unregistered diabs not covered by mandatory insurance without a license, while under the influence of alcohol with approximately 50 meters from the front of the house E located in Goung-gun, Jungnam-gun to the front road in the vicinity of B community hall or sperm; (b) around 0.149% of the blood alcohol concentration, without a license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of each host driver;
1. Making each inquiry into the results of the drinking driving control;
1. Inquiries into the register of driver's licenses and information on non-life insurance;
1. Previous records: Application of criminal records, repeated Acts and subordinate statutes;
1. 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 former Road Traffic Act (wholly amended by Act No. 16830, Dec. 24, 2019); Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (wholly amended by Act No. 16830, Dec. 24, 2019);
1. The provisions of Articles 40 and 50 of the Criminal Act (the punishment provided for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act, and the punishment provided for the crimes of violation of the Road Traffic Act with heavier punishment).