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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence 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, at the Changwon District Court on January 7, 2008, received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act, and KRW 2.5 million as a fine in the same court on October 31, 201.
On March 15, 2014, at around 05:15, the Defendant, without obtaining a driver’s license, driven a vehicle with low alcohol in the section of about 10km from the 10km to the large-scale stop located in the Yongsan-si in the Chang Sea-si in which the trade name in the Changwon-si cannot be known, while under the influence of 0.190% of the blood alcohol content without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. A driver's license inquiry;
1. Previous records: Application of criminal records, etc. inquiry inquiry reports (A)-related Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. It shall be decided as per the disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;