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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On June 8, 2012, the Defendant issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on June 8, 2012, and on January 20, 2015, the above court issued the summary order of KRW 3 million as a fine for the same crime.
On September 3, 2015, at around 00:20 on September 3, 2015, the Defendant driven a Brail car with a level of about 500 meters alcohol concentration 0.150% without a car driver’s license, from the front day of the mutual influence store in the camping-dong, to the underground streets.
Summary of Evidence
1. Defendant's legal statement;
1. The driver's license ledger;
1. Inquiries about the result of crackdown on drinking driving;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to the summary order of the relevant case);
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. In the case of sentencing under Article 62-2 of the Criminal Act, the defendant's previous conviction (the punishment of fines up to two times, the second punishment has not elapsed since he was punished for driving under the influence of alcohol) and his blood alcohol level (0.150% or more) shall be selected and punished at once, and the punishment shall be determined as ordered in consideration of the distance and place of driving under the influence of alcohol without a license, the background leading up to driving under the influence of alcohol, the defendant's age, occupation, the remaining criminal records (no record of punishment exceeding the fine) and the circumstances after the crime, etc.