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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Power of crime] The defendant is a person who has been issued a summary order of a fine of KRW 2.5 million on June 11, 2008, including two times the same kind of records, in the Busan District Court's Busan District Court's Vice-Support for the crime of violation of road traffic law.
[Criminal facts]
1. On July 1, 2016, the Defendant was driving a DNA 21 ton cargo vehicle with alcohol content 0.177% under the influence of alcohol at approximately five meters from the five-meter section of the road in front of the C pharmacy in Bupyeong-gu, Seocheon-gu, Seocheon-si, Seoul.
2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;
Nevertheless, the Defendant operated the 21 ton cargo vehicle using DPoter 21 ton, which the Defendant managed as the owner of M&C, which was not covered by mandatory insurance, at the time and place described in paragraph 1, as in paragraph 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Notice of detection of drinking alcohol;
1. Mandatory insurance certificate;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of judgment, etc.), one copy of the judgment, and two copies of the judgment issued by summary order;
1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (referred to driving under drinking), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of imprisonment with labor, respectively;
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) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The defendant's values of the reasons for sentencing under Article 62-2 of the Criminal Act are equivalent to the defendant's drinking alcohol, but the circumstances leading to the driving of drinking, the driving distance is short, the defendant's depth is contrary to his/her depth, and he/she does not drive drinking again;
The punishment as ordered shall be determined in consideration of the fact that the defendant's health, age, sex, environment, etc. is in progress, and the punishment shall be determined as ordered.