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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 8, 2008, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court due to a violation of road traffic laws (drinking driving), and a summary order of KRW 2 million by the same court on April 14, 2008 due to a violation of road traffic laws (drinking driving), respectively.
On November 19:58, 2015, the Defendant driven a B New EF rocketing vehicle not covered by mandatory insurance at approximately 200 meters section from the front of the Cheongdo-dong Cheongdo-dong Cheongdo-dong Cheongdo-dong Cheongdo-dong Cheongdo-dong to the front of the Mado-dong Cheongdo-dong Cheongdo-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a vehicle which is not mandatory insurance), and selection of imprisonment, respectively;
1. Aggravation of concurrent crimes by concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two 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. The sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, Order to Attend Military Service, Order to Attend Military Service, and Order to Keep the same sentence as the order shall be determined by comprehensively taking into account the following circumstances: the Defendant’s age, occupation, sex, environment, circumstances before and after the instant crime, etc.
In contrast, there is a history of being sentenced to a fine of three times or seven times for a crime by driving under the influence of alcohol, which has no record of punishment heavier than the suspension of execution, and the concentration of alcohol in the blood is high.