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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
On April 7, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Jeju District Court on April 7, 2015, and on September 8, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for one year for a crime of violation of the Road Traffic Act (driving) and the judgment became final and conclusive on September 20, 2016.
1. Around 03:07 on March 23, 2019, the Defendant driven an Erocketing car with a blood alcohol concentration of at least 0.113% while under the influence of alcohol without obtaining a driver’s license at a section of about 300 meters from the roads adjacent to the Jeju-si Building to the roads adjacent to the D Middle School located in C.
Therefore, even though the defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.
2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a rocketing car.
No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.
Nevertheless, the Defendant operated the said rocketing car without being covered by mandatory insurance on the front side of the D Middle School located in C at the time and time of the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. The automobile mandatory insurance policy;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Act on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;
1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);
1. Selection of each sentence of imprisonment;
1. The Criminal Act among concurrent crimes.