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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On September 8, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at a wooden branch of the Gwangju District Court in Gwangju District Court on September 8, 2010, and on March 26, 2014, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act.
[Criminal facts] On February 2, 2018, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.146% in blood without obtaining a driver’s license from the section of approximately 100 meters to the front road, and driving of B Poter under the influence of alcohol content of around 0.146%.
As a result, the Defendant, who has violated the prohibition of drinking at least twice, once again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking, and simultaneously driven a motor vehicle without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Notification of the results of regulating the driving of alcohol, and the driver's license register (A);
1. Records of crime: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal records of the suspect in the past) statute;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant had a record of criminal punishment on several occasions due to the same crime; (b) the Defendant was under the influence of drinking, driving without a license; (c) the Defendant led to the confession of and reflect against the instant crime; and (d) all the sentencing factors indicated in the record are determined as ordered.