Text
A defendant shall be punished by imprisonment for six 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 July 28, 2008, the Defendant was issued a summary order of KRW 1.5 million by Seoul Southern District Court for a violation of the Road Traffic Act, and on May 22, 2013, a summary order of KRW 3 million was issued by the Seoul Western District Court for a violation of the Road Traffic Act.
On March 4, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven Cone Star Cornex under the influence of alcohol by 0.162%, without obtaining a driver’s license in the section of about 10km, from the front of the Kannam Middle School located at 00:30, Seo-gu, Incheon, Seopo-ro 188-gil, to the front of the Kanpo City, Kimpo-si, Kimpo-si bank management, 99.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstances of driving a motor vehicle under the influence of alcohol, report on the circumstances of driving a motor vehicle under the influence of alcohol, inquiry into the results of crackdown on driving a motor vehicle, register of driver's licenses, and
1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (applicable to the previous records of a suspect and summary orders);
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. The execution of imprisonment with prison labor shall be suspended and the order to attend education shall be imposed as ordered by considering the fact that the defendant with the reason of sentencing under Article 62-2 of the Criminal Act twice a fine for the same drinking driving force and that his/her mistake is against the defendant's wrong detention for a certain period of time