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1. The defendant shall be punished by imprisonment for six months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On January 24, 2014, at around 14:25, the Defendant driven a B-wing freight vehicle with approximately 500 meters alcohol concentration 0.149% under the influence of alcohol without a driver’s license, from the road located at the mother of both sides of Seosan-si to the frontway of the same Ri.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the respective Acts and subordinate statutes to the notification of the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and the register of driver's licenses;
1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. are as follows: (a) the Defendant was subject to a summary order of a fine of KRW 8 million on November 22, 2013 when driving a motor vehicle and was subject to a revocation of a license around that time, and thus, (b) again committed the instant crime two months after the date of the revocation of the license, and thus, (c) the offense is not good.
However, it is favorable that the defendant reflects the crime, and that there is no criminal conviction or more than a suspended sentence.
In addition, in comprehensive consideration of all other circumstances revealed in pleadings, such as the age, character and conduct, environment, etc. of the defendant, a court shall order the suspension of execution of imprisonment with labor accompanied by probation and attendance order as ordered.