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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 11, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on October 28, 2015.
On April 23, 2016, at around 06:47, the Defendant driven BM5 car volume under the influence of alcohol of 0.123% while under the influence of alcohol without obtaining a driver's license from the Do in the section of approximately 1.5km in approximately 1.5km in front of the 8th national bank of Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government.
As a result, the defendant was punished for driving under drinking more than twice, and was driving under the influence of alcohol or without a license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the punishment of a fine for the same crime committed twice, consideration shall be given to the fact that there exists no record of punishment, and that there is a reflective fact, etc.);
1. An order to attend a course under Article 62-2 of the Criminal Act;