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The punishment of the accused shall be determined by one year and two months.
Reasons
Punishment of the crime
[2016 Highest 229] On March 17, 2016, the Defendant driven a 2mnife truck with alcohol level of 0.252% while drunk, without obtaining a driver’s license, at D gas station parking lot located in Seosan-si, Seosan-si on March 17, 2016.
[2016 Highest 432]
1. On June 9, 2016, the Defendant: (a) driven a E-Poter vehicle under the influence of alcohol level of 0.151% without a driver’s license, from the front of a mutually unclaimed restaurant located at the Seosan-si asbestos crocise to the front of the same city-free 1849, in a section of about 4km from the front of the mutually unclaimed restaurant at the Seosan-si, Seosan-si to the front of the same city-free Do-ro, while under the influence of alcohol level of 0.151%.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the E-Poter truck, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).
Summary of Evidence
[2016 Highest 229]
1. Statement by the defendant in court;
1. A survey report on actual condition and an accident scene photograph;
1. Statement report on the circumstances of the driver's license in the main place, and the driver's license register for the motor vehicle (2016 high group 432);
1. Statement by the defendant in court;
1. Report on the circumstances of the driver's license in driving and the driver's license ledger;
1. Application of Acts and subordinate statutes regarding mandatory insurance;
1. Driving a vehicle without obtaining a license under Articles 148-2 (2) 1 and 2, and 44 (1) of the Road Traffic Act for criminal facts: Operation of a vehicle with no mandatory insurance policy under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes: A favorable circumstance in which repeated correction of the same crime is needed (the sentence is not to be sentenced): The above circumstances and the defendant's age, sex, environment, circumstances, means and consequence of the crime, and the circumstances after the crime are considered.