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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【The Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Daegu District Court on November 9, 2005, and issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seog Branch of the Daegu District Court on June 8, 2007. On September 24, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seog Branch of the Daegu District Court on September 24, 2015.
【Criminal facts” around February 20, 2017, the Defendant driven BSM (SM) 520 automobiles while under the influence of alcohol concentration of about 0.067% without a driver’s license on a section of approximately 200 meters from the road located in Pyeongtaek-gu, Seo-gu, Daegu to the road 38-gil-gu State Bond Compensation for the 72m (Jridong) of the 38-gu Seo-gu Government Bond.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;
1. A driver's license inquiry;
1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiries, summary information of the case, etc.;
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. Since the crime was committed even though there was a record of being sentenced to several fines due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the sentence of imprisonment shall be selected. It is decided as ordered in consideration of the various circumstances indicated in the instant case, such as alcohol concentration during the blood transfusion.