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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 31, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the same support on June 21, 2013.
On December 12, 2014, at around 00:35, the Defendant, without a driver’s license, driven a BMW735i car with approximately 50 meters from the date near Silung Tourist Hotel located in Silung-dong in Silung-si, Silung-si, Gyeonggi-si, to the front of Silung Cultural Materials Embry in the same area.
Therefore, although the defendant was punished twice or more by driving a motor vehicle under the influence of alcohol, he was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle at the same time without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. A driver's license inquiry;
1. Previous convictions in judgment: Application of the Act and subordinate statutes concerning criminal records;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances unfavorable to the point that the person under obligation to keep him/her under probation or attend a lecture has a record of punishment due to drinking: The defendant's age, character and conduct, environment, circumstances leading to the instant crime, etc. after committing the crime;