Text
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 March 14, 2008, the Defendant was notified of a summary order of 500,000 won of a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 14, 2008, and on January 25, 2013, the Defendant was notified of a summary order of 5 million won of a fine for the same crime at the same court.
【Criminal Facts】
On December 27, 2013, at around 22:05, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.204% without obtaining a driver’s license in a section of about 1km, from the front side of the solar road, to the front side of the solar distance located in the same Eup/Myeon, Seoyang-gun, Ulsan-si, Ulsan-si, Ulsan-si.
Summary of Evidence
1. Defendant's legal statement;
1. C police statement;
1. The actual condition survey report;
1. A report on the start of the driving of a motor vehicle and a report on the start of the driving of a motor vehicle;
1. Registers of driver's licenses, and car4;
1. Making a report on the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and lecture attendance order, was three times, but again committed the instant crime.
Although only a simple contact accident occurred, it is extremely high that drinking water would lead to serious results if it had been brupted.
The punishment as ordered shall be determined by comprehensively taking into account all the circumstances shown in the records, such as the fact that there is a child to support.