Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Criminal facts
On November 30, 2015, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on December 14, 2015 to a fine for a violation of the Road Traffic Act.
On 08 03:10 on 03.03.03., the Defendant, without obtaining a driver’s license for a motor vehicle, driven a chip vehicle from approximately 500 meters away from the Do gas station front of the Do gas station in the window of Changwon-si to the road front of the Do gas station in the same Dong, while under the influence of alcohol by 0.130% during blood.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201