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The punishment of the accused shall be determined by six months of imprisonment.
However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On February 3, 2017, the Defendant, while under the influence of alcohol 0.124% during blood transfusion around 14:00, driven a C Poter in the section of about 3 km from the Defendant’s residential area near the Seo-gu, Gwangju to the roads of the same Pungk elementary school in the same Gu, without obtaining a driver’s license, during the influence of alcohol 0.124%.
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;
1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
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 stay of execution (The following factors shall be considered as favorable to the punishment):
1. Based on the reasoning for sentencing under Article 62-2 of the Criminal Act, all of the sentencing conditions indicated in the instant case, including the following circumstances, Defendant’s age, sex, environment, circumstances and result of the instant crime, etc., the sentence as ordered is determined.
A favorable normal situation: The defendant has been divided into and reflected in his mistake.
The defendant is trying not to repeat a crime through the treatment of alcohol remaining after the outbreak of alcohol.
Family members of the defendant want to guide the defendant and the defendant's wife.
D. Unfavorable circumstances: The crime quality is not good in light of the fact that the defendant's blood blood concentration level is high and that the person causes a traffic accident due to drinking driving.
Defendant has been punished for the same kind of crime.
The Defendant repeated the instant crime even though it was pending in the trial due to theless driving crime.