Text
A defendant shall be punished by imprisonment for not more than ten 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
On October 6, 2008, the Defendant was sentenced to a summary order of KRW 2 million for the crime of violating the Road Traffic Act in Daegu District Court and racing support on October 17, 2012, and was sentenced to a fine of KRW 3 million for the crime of violating the Road Traffic Act in Daegu District Court and racing support on October 17, 2012, and was punished two times for the violation of the Road Traffic Act.
On January 13, 2014, at around 20:56, the Defendant driven B Poter cargo under the influence of alcohol leveling 0.092% of alcohol level without obtaining a driver’s license from around 200 meters to the front road of Puter apartment located in Dongcheon-dong, Dongcheon-si.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the police interrogation of the accused;
1. Report on the situation of drinking drivers, notification of the results of the control of drinking driving, notification of the completion of correction, notification of the cancellation of driver's license, details of disposition on cancellation of driver's license, ledger of driver's license
1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report, copy of summary order, and application of five copies of written judgments under Acts and subordinate statutes;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. It is so decided as per Disposition in consideration of all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, which can be known through records and pleadings, such as the confession of the defendant's age, happiness, family environment, and circumstances after the defendant's committing a crime, etc., under Article 62-2 of the Criminal Act;