Text
1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal history] On March 22, 2013, the Defendant was issued a summary order of KRW 4.5 million as a crime of violating road traffic law (drinking driving) at the inn of the Sugwon Friwon, and on September 18, 2017, the Defendant was issued a summary order of KRW 5 million as a fine at the Seoul Central District Court’s same crime.
[2] Although Defendant 1 violated the provision prohibiting driving of alcohol at least twice as above, Defendant 2 driven B-low-income cars under the influence of alcohol content of about 0.093% from January 18, 2018 to around the 146-meter radius from the roads near the mouth in the Suwon-si, Suwon-si, the Suwon-si, the Sinwon-si, the Sinwon-si, at around 17:05, without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the record of drinking alcohol measurement and a report on the situation of driving alcohol;
1. The driver's license ledger;
1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The reason for sentencing of Article 62-2(1) of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The sentence shall be determined as ordered in consideration of the following circumstances, including the defendant’s age, sex, environment, motive for committing an offense, and circumstances after committing an offense: (a) six months of imprisonment or more; and (b) one year and six months of imprisonment (decision of sentence]; and (c) other conditions of sentencing indicated in the records.
The defendant is punished for a fine not exceeding three times due to drinking.