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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.However, the execution of the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 17, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act, and on December 15, 2008, to a fine of KRW 2.5 million to a fine for a violation of the Road Traffic Act, etc. at the Sungwon District Court's Sungnam Branch Branch on December 15, 2008. On August 12, 2009, the Defendant was sentenced to a summary order of KRW 5 million to a fine of KRW 1 million at the Seoul Southern District Court on August 12, 2009. On February 14, 2013, the Defendant was sentenced to a summary order of KRW 5 million to a fine of KRW 1 million at the Seoul Southern District Court on February 14, 2013.
On May 7, 2014, the Defendant was under the influence of 0.099% of blood alcohol concentration without obtaining a driver’s license at around 07:30 on May 7, 2014, and the Defendant was driving a Clearning car at approximately 1 km from the vicinity of the Tridong in Seongbuk-gu, Sungnam-si to the roads near the same city’s river near the YGGA.
Summary of Evidence
1. Defendant's legal statement;
2. A report on detection of a host driver;
3. Registers of driver's licenses.
4. Previous records of judgment: The application of criminal records, repeated statements, and 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;
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 for discretionary mitigation;
5. Article 62 (1) of the Criminal Act;
6. Probation and community service order under Article 62-2 of the Criminal Act;