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A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
On July 31, 2006, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act at the Jeonju District Court on July 31, 2006. On February 14, 2013, the Defendant driven a vehicle under the influence of alcohol on at least two occasions, such as a request for a summary order of KRW 5 million for the same crime, etc. at the Jeonju District Prosecutors’ Office.
On February 28, 2013: (a) around 03:25, the Defendant driven Cex truck with a blood alcohol concentration of about 0.107% while under the influence of alcohol without obtaining a driver’s license from around 1km section from the street in front of the arm’s length to the front of the Life Science High School located in the same Sinjin-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving, and the driver's license register;
1. Photographs;
1. Division: Application of Acts and subordinate statutes to residents, crimes, investigation records inquiry, undisposition failure, and reporting results of confirmation;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that there is no previous charge exceeding the fine imposed on the accused, the fact that the accused disposes of the vehicle and makes it necessary to not drive the vehicle again, and the fact that it is against the will not
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)