beta
Text
A defendant shall be punished by imprisonment for six months.
except that 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 November 16, 201, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act (driving). On July 9, 2012, the Defendant received a summary order of KRW 5 million from the Changwon District Court Branch to a fine for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On October 22, 2014, at around 22:50, the Defendant driven a B low-speed car with a blood alcohol concentration of 0.062%, without a car driver’s license, at a approximately 7 km section from the vicinity of the Samak Sports Park in the Seosongdong-dong of Busan, to the entrance of the forest apartment located in the Seopo-dong of Busan.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing and statement, the register of driver's licenses, and details of disposition on the cancellation of driver'
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same attached 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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the lower of the negative value, the accused's reflection, and the fact that the accused has no criminal records subject to punishment beyond the fine).