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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal power] On August 17, 201, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on May 23, 201, and was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on May 23, 201, and on June 12, 2013, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) at the Busan District Court on June 20, 2013, and the said judgment became final and conclusive on June 20, 2013, and is currently under suspended sentence.
【Criminal Facts】
On June 21, 2014, around 05:50, the Defendant driven C rocketing car under the influence of alcohol content of about 0.172% without obtaining a driver’s license from the Do in front of Samsung-dong Samsung-dong, Busan to the 10km-dong LG electronic front of Busan Dong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, details of disposition on cancellation of driver's license, and
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (written confirmation of sound records);
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act reflects the Defendant’s reason for sentencing, the Defendant again commits the instant crime during the suspended execution period after having been sentenced to two years of the suspended sentence on June 12, 2013 for the same kind of crime, the Defendant was under the influence of alcohol, and other various conditions of sentencing as shown in the instant pleadings, including the background and contents of the instant crime, the Defendant’s criminal records, etc., shall be comprehensively considered.