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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 12, 2010, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on July 12, 201, and a summary order of KRW 5 million to a fine in the same court on September 26, 2012.
On April 15, 2013, without obtaining a driver's license at around 02:21, the Defendant driven a Cunststop vehicle at approximately 700 meters from the front of the Seogsan-gu Busan-si in the front of the Seogsan-si in the Jeonju-si under the influence of alcohol by 0.070%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of crackdown on drinking driving, and application of statutes to the ledger of driver's licenses;
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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (Discretionary of Reasons for Discretionary Mitigation);
1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act requires a grace period of imprisonment in consideration of the fact that the defendant again repeats the same crime even though he/she had been punished three times after 2008 or for drinking driving, and that he/she had no record of being sentenced to a suspended sentence, etc. before that time, and that he/she has no record of being sentenced to a suspended sentence, and that he/she would not repeat again, thereby seriously