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A defendant shall be punished by imprisonment for six months.
except that 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
【Criminal Power】 On January 24, 2007, the Defendant was issued a summary order of one million won or more as a crime of violation of the Road Traffic Act at the Busan District Court. On January 31, 2011, the Defendant was issued a summary order of 2.5 million won or more as a crime of violation of the Road Traffic Act at the Busan District Court’s Busan District Court. On December 27, 2013, the Defendant was issued a summary order of 7 million won or more as a crime of violation of the Road Traffic Act from the Busan District Court’s branch branch.
【Criminal Facts】
1. Around 19:20 on October 10, 2014, the Defendant driven a 50cc-free off-registration misperck without a license without a license license, while under the influence of alcohol at a 0.071% of the blood alcohol concentration from the front of the Geum-gu, Busan to the front of the 20-1 March 19, 2014.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a registered 50cc non-registered diaper without any number plate.
Despite the fact that a motor vehicle not covered by mandatory insurance is not operated on the road, the defendant was driving the motor vehicle above at the same time and place as above.
Summary of Evidence
1. Defendant's legal statement;
1. C’s statement;
1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the occurrence of traffic accidents, reports on the occurrence of traffic accidents, reports on the actual state of driver's licenses, reports on the actual state of driver's licenses
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor for choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62(1) of the Criminal Act of the suspended execution is low in the number of drinking, and the defendant is against the law; and