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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;
3.
Reasons
Punishment of the crime
On August 10, 2010, the Defendant was sentenced to a fine of KRW 2,500,000 for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on August 10, 201, and a fine of KRW 5,00,000 for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on November 12, 2015, and was under the influence of alcohol at least twice.
On December 20, 2015, at around 12:50 on December 20, 2015, the Defendant driven B sm3 automobiles at approximately 3 meters in the D parking lot located in Gangseo-gu Busan, under the influence of alcohol level of 0.164% without a driver's license for a motor vehicle.
1. Statement by the defendant in court;
1. Report on the main driving and license register;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment of a copy of a summary order), and the application of a copy of each summary order;
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
5. Article 62 (1) of the Criminal Act on the suspension of execution;
6. In addition, Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to Provide community service and attend lectures has been punished twice or more due to the driving of drinking for the reason of sentencing, and the driver was punished for the last driving of drinking and repeated driving of drinking immediately after the last driving of drinking, and the amount of alcohol concentration in blood is also reasonable
However, the sentence shall be determined as ordered in consideration of the fact that the defendant is against the law, there is no previous conviction or more than the suspension of execution, the age and environment of the defendant, etc.