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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
[Power of crime] On December 8, 2006, the Defendant was issued a summary order of KRW 700,000 by the Changwon District Court on the violation of Road Traffic Act (driving).
[Criminal facts]
1. On July 24, 2020, the Defendant, while under the influence of alcohol at around 19:35, the Defendant driven a bicycle without registration from approximately 800 meters away from the road front of the convenience store located in the Gyeong-si in the Gyeong-si in the Gyeong-si in the Gyeongnam-si, Nowon-si, and from around 00 meters to the front of the road located in the same Gu D.
Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
2. No person who violates the Guarantee of Automobile Damage Compensation shall operate any motor vehicle which is not covered by mandatory insurance for motor vehicles;
Nevertheless, the defendant operated a non-registered bicycle that is not covered by automobile mandatory insurance at the same time and place as above 124cc.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of crackdown on drinking driving, and reply to inquiries about the fact;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a summary order of about 44897 of the Busan District Court Act;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 of the Guarantee of Automobile Damage Compensation Act, the main sentence of Article 8 (the point of failing mandatory insurance) and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) and 50 of the same Act, which increases concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, the punishment as ordered shall be determined by fully taking into account the various circumstances, such as the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.
The disadvantageous circumstances: the harmful effects of drinking, and the same kind of drinking.