Text
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 1, 2015, at around 23:00, the Defendant, while drunk with a blood alcohol concentration of 0.115%, driven a car B-low-income vehicle without a driver’s license to approximately 100 meters from the front day of the Songnam-dong, Seo-gu, Busan, to the front day of the Taewon Momotour in the same Dong.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused;
1. Reporting on the results of crackdown on drinking driving and the circumstantial statements of drinking drivers;
1. Application of Acts and subordinate statutes to the inquiry letter of driver's license and details of cancellation thereof;
1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The sentence of imprisonment shall be imposed in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the fact that he/she has been sentenced to a fine twice due to drinking driving, in particular, even though he/she has a record of being punished by a fine in 2015, driving a drinking free license again, etc., but the execution shall be postponed by taking into account that the defendant has no record of being punished by a fine or heavier for the
Provided, That in order to prevent recidivism, probation and order to attend courses shall be imposed.