Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
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
[criminal power] On December 15, 2009, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Ulsan District Court on December 15, 2009, and on March 29, 2011, the Defendant was issued a summary order of two million won for the same crime at the same court.
【Criminal Facts】
1. On May 16, 2015, the Defendant driven a C car under the influence of alcohol with a blood alcohol content of 0.113% without a motor vehicle driver’s license within one kilometer from the front of the apartment house in the Young-gu, Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front of the Dong-ri, the same Eup/Myeon from the Do in front of the apartment house in the East-gu, Ulsan-gun, Ulsan-gun, the Seoul-do, the Seoul-do
2. At around 15:00 on May 18, 2015, the Defendant driven the said car without a driver’s license within a section of approximately 200 meters from the Do in front of the Southern-gun, Ulsan-gun, Ulsan-gun, Chungcheongnam-do, to the road in front of the parking lot in the same 200-meter Do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the driving of alcoholic beverages, report on the status of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses, and disqualified meetings for main office licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. While considering the fact that probation and community service order five times the past record of fines of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act and once again repeated driving of drinking without permission, Defendant should be punished strictly, it is against the fact that the defendant is recognized of mistake and reflects the fact that the defendant's age, character and behavior, family environment, etc., and the sentencing conditions as shown in the records are all considered,