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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 17, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 for the violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on April 17, 2008, and was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on February 20, 2013.
On June 22, 2015, at around 01:36, the Defendant driven B E business vehicles under the influence of alcohol to a level of 0.142% of the blood alcohol concentration without a car driver’s license at the section of approximately 12km from 01:1 to 618-2 in the front of the Nowon-gu, Ansan-si's Yasan-si's Yasan-si relocation.
As a result, the defendant was driving a motor vehicle without a driver's license and was in violation of the prohibition of driving under the influence of alcohol not less than twice, and was driving a motor vehicle under the influence of alcohol in violation of the same provision.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial report of an employee;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, etc. and other 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;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant's age, character and conduct, and the circumstances of the crime of this case, etc. are considered in light of the fact that the sentencing of Article 62-2 of the Criminal Act reflects the reasons for sentencing;