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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.
Reasons
Punishment of the crime
[criminal power] On December 20, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on June 27, 2012, and received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on June 27, 2012, and around April 4, 2014, the Defendant received a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court's Jin branch.
【Criminal Facts】
On January 5, 2015, at around 19:40, the Defendant driven B-low-income vehicle under the influence of alcohol without obtaining a driver’s license in a section of about 100 meters from the front of a cafeteria located in Sacheon-si, Sacheon-si to the front of the water-flow road located in the same Eup.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the control of drinking and driving, the register of driver's licenses, and investigation report (the giving and receiving of the latest applied drinking);
1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;
1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);
1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;