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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 December 8, 2006, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine of KRW 1,500,000 for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 2, 2010, a fine of KRW 1.5 million for the same crime at the Suwon District Court on July 30, 201, and a fine of KRW 3 million for the same crime at the Suwon District Court on July 30, 201
On February 13, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) as above, driven a C-Lststun car under the influence of alcohol content of about 0.270% without obtaining a driver’s license from the Do in front of the Aravia, which is located in the operation Dong of Gyeyang-gu Incheon Metropolitan City, up to approximately 01:13 on the same day from the Do in front of the Aravia, Gyeyang-gu, Incheon Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;
1. Data, etc. for inquiry;
1. Inquiries, such as criminal records, and the application of statutes of each investigation report;
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous conviction sentenced to imprisonment without prison labor or a heavier punishment, or that there is a reflective error);
1. Article 62 (1) of the Criminal Act on the suspended execution.