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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, at the Changwon District Court on February 4, 2008, received a summary order of KRW 1.5 million due to a crime of violating the Road Traffic Act, etc., and on May 24, 2017, issued a summary order of KRW 3 million by the same court as on May 24, 2017.
On April 14, 2017, the Defendant, without obtaining a driver’s bicycle license for a motor motor device 20:30 on April 14, 2017, driven by the Defendant, while driving the Defendant, at the window-dong Eup of Changwon-si, who was under influence of 0.186% of alcohol during blood, driving the Defendant, who was not covered by mandatory insurance at approximately 49cc, from the front of the elementary school to the front of the village hall at the same Eup level.
Accordingly, the Defendant, who violated the prohibition clause on drinking at least twice, was driving the above otobs without a license in violation of the same clause.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Report on the circumstances of driving under the liquor:
1. Statement of the circumstances of the driver involved in driving;
1. A letter of measurement of the driver's drinking;
1. The driver's license ledger;
1. Notification of non-registered error of land;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);
1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Traffic Act concerning facts constituting an offense, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for mitigation of a small amount of punishment is that the Defendant, with no driver’s license from the beginning, operated Otoba without registration, and only one week has passed since the same fact was controlled, committed the instant crime on the day when the investigation was conducted.
Provided, That the defendant shall be sentenced to more severe punishment than a fine.