Text
A defendant shall be punished by imprisonment for one year.
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 November 10, 2015, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Cheongju District Court’s Chungcheong Branch on November 10, 2015, and a fine of KRW 6 million by the same court on January 24, 2019.
【Criminal Facts】
On April 9, 2019, at around 16:10, the Defendant driven a fright car without obtaining a driver’s license, in a state of under the influence of alcohol concentration of approximately 0.147% from a section of approximately 500 meters in the same city from the front of the “Camba” road to the front of the “Ek practice room” road.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. An accident site photograph;
1. Investigation report (Application of the Ba mark);
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Criminal records: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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 62 (1) of the Criminal Act;
1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act shall be imposed in consideration of the period of recidivism, the occurrence of an accident, the degree of blood alcohol, the record of a crime, circumstances after a crime, and other sentencing conditions.