beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 17, 2009, the Defendant received a summary order of a fine of KRW 2.5 million for a crime of violating road traffic laws (drinking), and on January 4, 2015, the Defendant was sentenced to a fine of KRW 4 million by the Ulsan District Court on August 29, 2016, with respect to drinking while under the influence of alcohol at a level of 0.122% during blood transfusion on January 4, 2015.
On June 22, 2016, the Defendant, who has had two or more times of driving alcohol, driven B-car under the influence of alcohol concentration of 0.198% without obtaining a driver's license from approximately 50 meters in the section of approximately 50 meters in front, from the area near the Mansan-gu, Ulsan-gun, Ulsan-do, Ulsan-do to the front and front of the day, the Defendant driven B-car under the influence of alcohol concentration of 0.198%.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. References to inquiries, such as criminal history, and the application of the Acts and subordinate statutes of Ulsan District Court Decision 2016 High Court Decision 796 Decided 796;
1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
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 (i.e., reflective points)
1. An order to attend a course under Article 62-2 of the Criminal Act;