Text
A defendant shall be punished by imprisonment for one year.
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
1. On October 23, 2010, at around 23:40, the Defendant driven a Dcoon-line with a blood alcohol concentration of 0.163% under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters from the front of the illegal gate in the direction of the head of the Sing-gun, Gyeong-gun, Gyeong-gun, Gyeong-do to the dco-house parking lot in the same Ri.
2. On October 13, 201, around 01:08, the Defendant driven a Dcoon-line brace, while under the influence of alcohol of about 0.168%, without obtaining a driver’s license, from the front side of the Dodivira restaurant located in the Dodibu, Gandong-gun, Gandong-gun, 106, to the 1.5km parking lot, the Defendant driven a Dcoon-type brace, while under the influence of alcohol of about 0.168%.
Summary of Evidence
1. Defendant's legal statement;
1. Reports on detection of each host driver, and circumstantial statements of each host driver;
1. Registers of driver's licenses;
1. Application of the Acts and subordinate statutes of the hostile inquiry;
1. Subparagraph 1 of Article 148-2 of the former Road Traffic Act (wholly amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply) and Article 44 (1) of the same Act concerning the facts constituting an offense, and subparagraphs 1 of Article 152 and Article 43 of the former Road Traffic Act (Unlicensed Driving)
1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in Articles 40 and 50 among the crimes of violation of each Road Traffic Act and the crimes of violation of each Road Traffic Act and the punishment provided for in each of the crimes of violation of the same Act with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes by concurrent crimes as provided for in paragraph (2) of the Road Traffic Act with heavier punishment);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. On October 29, 2010, the reason for sentencing under Article 62-2 of the Criminal Act, including the issuance of a summary order of KRW 1.5 million by a fine at the Daegu District Court on the violation of the Road Traffic Act, etc.