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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 29, 2011, the Defendant is a person who has violated the prohibition of drinking on two or more occasions by receiving a summary order of a fine of KRW 2 million for a crime of violating road traffic law in the Changwon District Court Support on December 29, 201, and by receiving a summary order of KRW 7 million for the same crime in the same court on May 15, 2015, respectively.
On July 19, 2016, the Defendant driven a B-car without a driver’s license with alcohol content of 0.142% in a section of 500 meters from the front of the land-hop plaza located in the south-dong of Changwon-si, Changwon-si, Changwon-si to the front day of the string of the pen of the same Gu from the front day of the 500-meter road in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries into the circumstantial statement report of a driver driving a drinking, the results of crackdown on drinking driving, the ledger of driver's licenses for motor vehicles, and inquiries into the main office;
1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity (Article 53 and Article 55(1)3 of the same Act (Article 55(1)3 of the same Act, including the fact that the instant crime is contrary to the fact that the instant crime is committed, and that there is no less punishment of a fine or heavier punishment);
1. Article 62 (1) of the Criminal Act (amended by Act No. 1137, Mar. 1, 201)
1. An order to attend a course under Article 62-2 of the Criminal Act;