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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 February 15, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court. On May 10, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime, etc.
【Criminal Facts】
At around 01:20 on September 14, 2013, the Defendant driven C C in the influence of alcohol concentration of 0.089% without the driver’s license, while under the influence of alcohol, at a distance equivalent to 1 km from the street front of the drawing required in the hydrocheon-si to the road where the remainder is 0.089% of the blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The driver's license ledger;
1. Previous records before ruling: Application of inquiry reports and investigation reports (report accompanied by a summary order) including criminal records, etc.;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution, considering the fact that the defendant is against the will of the defendant, the defendant
1. Probation and order to provide community service and attend lectures, the main sentence of Article 62-2 (1) and (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;