Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On February 1, 2008, the defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law in the Gwangju District Court's net support on February 1, 2008. On October 24, 2008, the defendant was sentenced to 6 months of imprisonment with prison labor for the same crime, etc. in the same court, and the judgment became final and conclusive on December 25, 2008, the sentence of the suspended sentence was invalidated, and on September 25, 2009, the period of the parole was paroled on July 30, 2009 during the last sentence in the astronomical open prison.
On May 5, 2011, the Defendant driven a driver’s license from around 3 km section in front of a mutual influent restaurant located in the Namcheon-dong, Namcheon-si to the influent monthly oil station located in the same city, and without obtaining a driver’s license from around 0.164% of alcohol concentration in blood, the Defendant driven a driver’s license for a gallon with B gallon while under the influence of alcohol for about 0.164%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation, copy of the judgment, and current status of personal identification and acceptance;
1. Subparagraph 1 of Article 148-2, Article 44(1) (amended by Act No. 10790, Jun. 8, 201) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant committed the instant crime during the same repeated crime period, and the nature of such crime is not good.
However, in consideration of the age, environment, etc. of the defendant, the punishment as ordered shall be determined.
Part of innocence (not guilty)
1. The summary of the facts charged is as follows: (a) the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law in the Gwangju District Court’s net support on February 1, 2008; (b) the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic law; and (c) on October 24, 2008, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc. in the same court.