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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 this judgment becomes final and conclusive.
Reasons
Criminal facts
On March 30, 2016, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court, and on January 12, 2017, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.
On August 4, 2017, the Defendant driven a B-learning car under the influence of alcohol content of 0.061% in blood without obtaining a driver's license from the front of the new state elementary school located in Ulsan-gu New-dong, Ulsan-gu to the front road of the new interest wood located in the same Dong from around 1km to the front road of the new interest wood located in the same Dong.
As a result, the Defendant again driven a motor vehicle without obtaining a driver's license in violation of the provision on prohibition of drinking under the Road Traffic Act by a person who has violated two or more times.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on detection of drivers engaged in driving, a tea inquiry, and the ledger of driver's licenses of motor vehicles;
1. Each report on investigation;
1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the 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 shall be imposed on a person who violates the Road Traffic Act with more severe 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 on the suspended execution;
1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;