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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal history] On October 16, 2015, the defendant was sentenced to the violation of the Road Traffic Act (drinking), the violation of the Road Traffic Act (licensed driving), the violation of the Road Traffic Act (drinking), and the violation of the Guarantee of Automobile Compensation, and the decision was finalized on the 24th of the same month on the 2015. On February 4, 2016, the Incheon District Court sentenced on the 6th of imprisonment with prison labor for the violation of the Road Traffic Act (dacting), the violation of the Road Traffic Act (dacting) and the violation of the Road Traffic Act (dacting without a license) and sentenced on the 12th of the same month, which became final
[Criminal facts]
1. Violation of traffic laws on roads, and violation of traffic laws on roads;
A. On August 20, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 16:00 on August 20, 2016, driven Cpoter cargo vehicles with alcohol content of 0.058% from the front side of 202 Seo-gu apartment in Kimpo-dong to the front road of the original oil station located in 1025 as Seo-gu Incheon, Seopo-gu.
B. On August 20, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle around 23:30 on August 20, 2016, driven Cpoter cargo under the influence of alcohol content of 0.136% in 50 meters from the roads near the Seo-dong, Seo-gu, Incheon to the front of the 99 complete elementary school.
2. He/she shall be prohibited from operating any motor vehicle on a road which is not covered by mandatory insurance in violation of the Guarantee of Automobile Compensation;
A. The defendant 1 driven the above C Poter freight without mandatory insurance as above at the same time and at the same place as that of the above 1-A.
B. Defendant 1 driven the above C Poter freight not covered by mandatory insurance at the same time and at the same place as that of the above 1-B.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating drinking driving, the driver's license register, inquiry about mandatory insurance for motor vehicles, and notification of the results of regulating drinking driving;
1. A previous conviction: A written inquiry, such as criminal history, shall be made;