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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On February 22, 2007, the Defendant was sentenced to a summary order of KRW 2.5 million by the Jeju District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the Jeju District Court on August 22, 2007, respectively. On April 8, 2010, the Defendant was sentenced to a summary order of KRW 4 million by the Jeju District Court for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On October 17, 2013, at around 15:20, the Defendant driven a Cpoter freight at a section of approximately 2 km from the front of the restaurant of the Korea-do town located in the Eup/Myeon in the Jeju-si, to the sea-ro located in the same Eup/Myeon, without a driver’s license, with a blood alcohol concentration of 0.149% under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on actions taken against an employer, and report on the status of an employer-employed driver;
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Previous records of judgment: Application of inquiry reports, such as criminal records, and investigation reports (report of a copy of judgment)-related Acts and subordinate statutes;
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 alternative imprisonment with labor (to take into account the number of criminal records of the same kind);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 2, 201);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Probation and community service order under Article 62-2 of the Criminal Act;