beta
Text
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
On October 26, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on May 30, 2014, a fine of KRW 5 million for the same crime, etc. at the Jinyang Branch of the Jung-gu District Court, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.
On June 21, 2016, the Defendant driven Bone Starting on the 00:46 Goyang-dong, U.S.-dong, U.S.-dong, with approximately 2 km from the back of 00 knick-dong, U.S. to the front road of 0.131% alcohol level in blood alcohol level without a motor vehicle driver’s license, while under the influence of alcohol leveling from around 0.131%.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol, reporting on the situation of driving of alcohol, reporting on the situation of driving without a license, and the register of driver's licenses;
1. Application of a reply to inquiry, such as criminal history, and summary order-making 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. Selection of 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. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the confession and reflectivity of the accused, the degree of alcohol content, the record of punishment stated in the judgment, the fact that there is no accident, the fact that there is no record of punishment exceeding the fine, and the defendant’s age, sex, sex, environment, occupation and career, family relationship, circumstances of the crime, details of the crime and circumstances after the crime, etc., the punishment shall be determined as per the order.