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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is a person driving a C-5 vehicle.
On April 20, 2017, the Defendant driven the said car from the second reputation apartment road, which is in the career of permanent residence, 75 percent of alcohol level, without obtaining a driver's license, at around 08:35 on April 20, 2017, from the second reputation apartment road, which is in the career of permanent residence of 0.149%, to the five-km portion of national highways, from the second reputation apartment road, which is in the career of permanent residence of 88-1, Heungdong-dong, Heungdong-dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. A copy of a report on the results of drinking control;
1. Application of Acts and subordinate statutes to inquiries into the ledger of driver's licenses and the main office;
1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. A reasonable ground for sentencing under Article 62-2 of the Criminal Act: The defendant is recognized to commit the crime and is against the law.
The vehicle shall be scrapped and the vehicle shall not be drinking or driving without a license.
There are many things.
Unfavorable circumstances: The Defendant was punished by a fine twice due to a violation of the Road Traffic Act (drinking driving), etc., and one of them was punished by a fine of KRW 1.5 million on July 6, 2016. In addition, the Defendant again committed the instant case. In light of the Defendant’s criminal history, character and conduct, etc., the risk of recidivism seems not to be high.
In addition, the punishment as ordered shall be determined in consideration of the age, health status, family, workplace relationship, sex, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions shown in the pleading.