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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On November 4, 2010, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on November 4, 2010, and a fine of KRW 3 million for the same crime in the Daegu District Court’s Ansan Branch on September 20, 2012.
On July 4, 2013, at around 15:25, the Defendant, while drunk with blood alcohol concentration of 0.113%, did not obtain a driver’s license. On July 4, 2013, the Defendant driven Category B Maz Motor Vehicle at a section of approximately 300 meters from the Do in front of the sexual luminous midline in the west-gun of the Gyeongyang-gun of the Gyeongnam-gun of the Gyeongyang-gun to the Maz Motor Vehicle located in the same Ri
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, and the register of driver's licenses (A);
1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
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., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1248, Feb
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;