Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 16, 2010, the Defendant was sentenced to a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act at the Busan District Court, and on August 20, 2013, the Defendant was sentenced to a suspended sentence of two years for eight months as a crime of violating the Road Traffic Act at the Busan District Court.
On January 9, 2016, the Defendant, without obtaining a driver's license of a motor vehicle on January 15:13, 2016, driven a vehicle of approximately 2 km C km from the collection of each country where the blood alcohol concentration is 0.073% at the Gyeongnam Kim-si, Kim Jong-si and the front day of the Rose of Sharon in Busan Gangseo-gu to the 1st century.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
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 to mitigate small amount;
1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the absence of a previous criminal record, and taking into account the circumstances, such as the recognition of the crime and the depth of the mistake);
1. An order to observe and attend protection and observation courses under Article 62-2 of the Criminal Act;