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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On August 27, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and a summary order of KRW 4 million for the same crime at the same court on November 26, 2013, respectively.
[2] Although the Defendant had been punished on two occasions for violating the prohibition of drinking driving regulations, the Defendant was driving a coo vehicle in B while under the influence of alcohol with approximately 50 meters alcohol concentration 0.09%, without obtaining a driver’s license in the section of about February 12, 2017 up to the day before the so-called common hamba road located in the north-gu Two-dong at the north-dong at the port of the same time, on February 12, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, summary order, and application of the text of the judgment;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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. 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. It is so decided as per Disposition, in consideration of the fact that there is no criminal record heavier than the fine, even though there is a history of criminal punishment for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, and that there is no criminal record heavier than the fine;