Text
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
Punishment of the crime
[criminal power] On June 9, 2015, the Defendant was sentenced to a suspended sentence of four months for the purpose of obstruction of performance of official duties in the Daejeon District Court’s Branch of the Daejeon District Court on June 17, 2015, and the said judgment became final and conclusive on June 17, 2015, and is currently under the suspension of execution. On February 13, 2014, the said court was sentenced to a fine of seven million won for a crime of violation of the Road Traffic Act, etc., and on December 14, 2012, the Defendant can have the same power as receiving a summary order of four million won for the same crime by the same court.
【Criminal Facts】
As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, was driving a Jioio car at the 1km section from the front of the two high schools located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, in the state of under the influence of alcohol of 0.182% at the blood alcohol level on April 23, 2015 without obtaining the driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Entry into the results of the control of drinking driving, the report on the situation of drinking drivers, and the report on the situation of driving without a license; and
1. Entry in the register of driver's licenses;
1. Previous records of judgment: Application of Acts and subordinate statutes stated in criminal records, reply reports on criminal records, reports on results of confirmation of the disposition failure, and investigation reports (report on confirmation of the same kind of records);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning concurrent crimes (trade between the crimes of violation of the Road Traffic Act and the crimes of obstruction of performance of official duties for which judgment has become final);
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service order and order to attend lectures.