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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. On August 27, 2013, the Defendant was issued a summary order of KRW 200,000,000 by the Seoul Southern District Court due to a violation of the Road Traffic Act (drinking) at the Seoul Southern District Court, and on March 8, 2017, the Seoul Central District Court issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (drinking) at the Seoul Southern District Court.
On June 22, 2017, at around 23:40, the Defendant driven a non-registered motor bicycle under the influence of alcohol content of 0.08% in alcohol without obtaining a motor device license from about 16 meters from the 16th day of a road to the 16th day of the same Gu road.
Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, operated a motor device under the influence of alcohol without obtaining a motor device bicycle license.
2. No person who violates the Guarantee of Automobile Compensation shall operate any motor vehicle on a road which is not covered by mandatory insurance;
Nevertheless, the defendant operated a non-registered motor bicycle that is not covered by mandatory insurance at the time and place mentioned in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Investigation report (report on the situation of the driver in charge); and
1. The driver's license ledger;
1. Notification to a person who violates the Automobile Management Act;
1. Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the record of the same crime) statute;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;