beta
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
The Defendant was sentenced to a fine of KRW 5 million on February 19, 2013 as a crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on February 19, 2013, and a fine of KRW 6 months on November 16, 2006 and a suspended sentence of two years on November 16, 2006.
On July 9, 2013, the Defendant, without obtaining the driver’s license on July 22, 2013, driven Bsch Rexn vehicle from around 300 meters in the section of 300 meters to the road in front of the Musan Industries, where the Defendant was under the influence of alcohol by 0.152% of the blood alcohol concentration of 0.152%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;
1. Registers of driver's licenses;
1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;
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 ( considered for the favorable reasons among the reasons for probation under the following year);
1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be postponed by taking into consideration all the circumstances, such as the fact that the defendant has been punished for driving six times ab
1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;