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A defendant shall be punished by imprisonment for one year.
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 July 7, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on July 7, 2008, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan Branch of the Suwon District Court on November 30, 2009.
On May 7, 2019, the Defendant is the owner of the horse set-off car B. On May 7, 2019, the Defendant driven the said car without being covered by 1 km mandatory insurance from the front Do in front of Sigrari-dong 1844 at Sigrari-si, Sigrari-si, Sigrari-si, Sigrari-si, under the influence of alcohol level 0.098%.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the enemy;
1. Mandatory insurance policies;
1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing up the maximum term of the punishments as provided for in each of the above crimes);
1. Article 62 (1) of the Criminal Act;
1. Taking into account the following circumstances: Article 62-2(1) of the Criminal Act; Article 59 of the Act on Probation, Etc. provides that the defendant's mistake is recognized; while the defendant committed the instant crime even if he/she had a previous conviction for the same kind of crime; and the degree of blood alcohol concentration and driving distance;