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A defendant shall be punished by imprisonment for not less than eight 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
At the Changwon District Court on January 7, 2008, the defendant has been sentenced to a fine of 2.5 million won for the crime of violation of the Road Traffic Act, and on February 13, 2012, the same court issued a summary order of 5 million won for the same crime, etc. respectively.
On December 21, 2013, at around 12:22, the Defendant driven a bppon vehicle under the influence of alcohol concentration of approximately 0.186% without obtaining a driving license from a vehicle driving at a section of approximately 200 meters from the front day of the Gamart, which is located in the Kimhae-si in the same city-dong to the front day of the Kimhae-si in the same city-dong.
Summary of Evidence
1. Defendant's legal statement;
1. No. 1-8 of the evidence list submitted by the prosecutor (hereinafter “list”).
1. Previous convictions in judgment: the application of the list 11 and 12 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 imprisonment with prison labor chosen (see, e.g., previous conviction);
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the fact that the defendant has no record of criminal punishment heavier than that of the suspension of execution for the same crime, and that the defendant does not repeat the same crime in the future);
1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act regarding an order to attend a probation and compliance lecture;