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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On April 12, 2007, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Daegu District Court. On August 31, 2007, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the violation of the Road Traffic Act, etc. at the Jung-gu District Court on August 31, 2007. On June 25, 2009, the Defendant was sentenced to a fine of KRW 5 million by a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 25, 200
On July 31, 2012, at around 22:13, the Defendant driven a C-car from the front side of the 306 Supplementary Road, Yongsan-si, Yongsan-si, the Government-si, on July 31, 2012, up to the front day of the 86-10, 1km-dong, the Defendant driven a C-car from July 31, 2012, to the front day of the 86-10, Jin-si, the Government-si, on July 31, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into driver's license and the results of the control of drinking driving;
1. Each investigation report (a report on the current status of driving without a license and a report on the current status of drivers);
1. Previous records: Application of criminal records, etc. and other 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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act heavier than that of the punishment, and the choice of imprisonment);
1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:
1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. (limited to a reasonable circumstance) does not have any record of being severely punished, and reflects (unfavorable circumstances) of the same kind of crime