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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
On November 30, 2010, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act, and a fine of 5 million won as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on April 13, 2012.
On August 16, 2013, at around 07:30, the Defendant driven a DNS car in the section of about 30 meters from the front of the main road in which it is impossible to identify the trade name located in the port-dong zone in the Goyang-gu in the Goyang-si without obtaining a driver's license, and from the front of the main road in which it is impossible to identify the trade name in the port-dong zone in the Goyang-gu in the Goyang-si.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);
1. Relevant laws applicable to the facts constituting a crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20
1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);
1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;