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A defendant shall be punished by imprisonment for 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 June 8, 2009, the Defendant issued a summary order of KRW 2,00,000 as a charge of violating the Road Traffic Act in the Seo-gu District Court’s Seo-Support on the ground of the violation of the Road Traffic Act, and on October 17, 2013, the Defendant issued a summary order of KRW 5,00,000 by the Daegu District Court on the ground of the violation of the Road Traffic Act.
【Criminal Facts】
On April 18, 2015, at around 22:10, the Defendant driven B QM5 vehicle under the influence of alcohol content 0.121% without obtaining a driver’s license from the section of approximately 200 meters from the center of the central market of Pyeongtaek-dong, Nowon-gu, Seoul Special Metropolitan City to the road in front of the construction site of the Kumpung-dong, Nowon-gu Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the status of driving without a license for driving, report on the status of driving without a license for driving, report on the status of a driver with a driver’s license;
1. Application of Acts and subordinate statutes to criminal records, etc. and investigation reports (report on the confirmation of criminal records of the suspect's same kind of crime);
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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15548
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;