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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 22, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking), etc. on July 23, 2014. On July 23, 2014, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking), and on April 2, 2015, the Defendant was issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (drinking) and a violation of the Road Traffic Act (drinking without a license) at the Changwon District Court in the Changwon District Court of Gwangju District on July 23, 2014.
On June 13, 2016, at around 00:55, the Defendant driven a C Car with C Car with approximately 1km from the 1km section to the 23rd road in front of the Gyeongdong-gun, Gyeongnam-gun, Seoul, under the influence of alcohol content by 0.135% without a driver’s license.
Accordingly, the defendant, even though he violated the prohibition of drinking driving regulations on more than two occasions, was driving under the influence of drinking and driving without a license.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions: Inquiry about criminal history, application of the same summary order and written judgment Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;