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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
[criminal record] On March 16, 2007, the defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act on December 4, 2013.
【Criminal Facts】
On June 25, 2015, at around 14:30, the Defendant driven a B-hand car while under the influence of alcohol content of 0.133% without a car driver’s license at a section of approximately 850 meters from the name of the Republic of Korea located in the Jeju Jeju Jeju High District to the shooting distance in the same Myeonama District.
As a result, the Defendant once driven a motor vehicle under the influence of alcohol, but once again driven the motor vehicle without a driver's license while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of a driver and the register of driver's licenses;
1. Previous records: Application of inquiry statements, investigation reports, and statutes, such as criminal records;
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;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):
5. The decision of the same sentence as the order shall be made in consideration of the fact that the defendant's mistake is against the reason for sentencing under Article 62 (1) (hereinafter referred to as the following favorable circumstances) of the Criminal Act.