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A defendant shall be punished by imprisonment for not less than eight months.
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
On December 3, 2015, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 1 million,00,000,000,000 as a fine for a violation of road traffic law, in the same court on June 29, 2016, and on June 13, 2017, with the same court on the same offense.
1. On May 28, 2017, the Defendant driven a C 100 engine bicycle under the influence of alcohol content of about 0.088% in alcohol while under the influence of alcohol without obtaining a motor device driver’s license from the front of the Bora Park Park, which is located 20-lane 33 at the intersection of the Dongjak-gu Seoul Metropolitan Government, Seoul, to the 2km-ro 2km-ro Do, Seoul, Nowon-gu, to the 299-ro Do, while under the influence of alcohol content of 0.08% in blood.
As a result, the Defendant, who has violated the prohibition of drinking twice or more, once again, passed a motor device bicycle while drunk in violation of the above provision, and operated a motor device bicycle without obtaining a driver's license.
2. The owner of a motor vehicle violating the Guarantee of Automobile Damage Compensation Act was prohibited from operating a motor vehicle on the road which was not mandatory insurance policy, but the Defendant operated a C/C pilot 10 motor bicycle that was not mandatory insurance at the date and time and place of No. 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal record and summary order);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Compensation Act (the point of operating a non- mandatory insurance vehicle);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The aggravated Criminal Act for concurrent crimes.