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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 17, 2013, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 17, 2013, and on July 1, 2015, the same court issued a fine of 5 million won for a violation of the Road Traffic Act (driving) in the same court on July 1, 2015 and has the record of being punished twice or more for a drunk driving.
1. On June 16, 2016, the Defendant driven C Poter vehicle at a section of about 1.5 km from the land in the lebane in the lebane of the local-Eup to the three km of the same Eup/Myeon, while under the influence of alcohol at 0.168% of blood alcohol without obtaining a driver’s license, at around 18:30 on June 16, 2016.
2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated C Poter vehicles not covered by mandatory insurance at the time and place specified in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Mandatory insurance policies;
1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports (a copy of summary order attached) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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;
1. Mitigation of discretionary work and consideration under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she recognizes an error and the fact that he/she has no criminal record for the same kind of fine exceeding the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. Probation under Article 62-2 of the Criminal Act;