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A defendant shall be punished by imprisonment for six 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
[criminal power] On February 2, 2004, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on February 26, 2004, in the same court on July 19, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On July 19, 2006, in the same court on July 19, 2006, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On July 19, 2012, the same court was issued a summary order of KRW 30,000 by a fine of KRW 3 million for a violation of the Road Traffic Act.
【Criminal Facts】
On July 22, 2013, at around 23:00, the Defendant driven BV125 occ under the influence of alcohol concentration of 0.197% without obtaining a motorcycle driver’s license from around 4km to the front road of the “Yank Construction” located in the Ambassador of the same Myeon, the same day from the Doma-ri, Doma-ri, Doma-ri, Doma-ri, Namnam-do, Gyeongnam-do, to the same day from around 23:08.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. Registers of driver's licenses;
1. Criminal records, each summary order, and application of statutes governing judgment;
1. Relevant Article 154 subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (limited to the records of having been sentenced to a stay of execution of imprisonment with prison labor for a crime of the same kind, but has yet to elapse than several years, and considering the circumstances of crime, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 62-2 of the Criminal Act; Article 32 (3) 7 and 10 of the Act on Probation, Etc.;