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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 May 13, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on May 13, 2008, and was sentenced to a suspended sentence of two years for the same offense in the same court on September 18, 2008.
On June 24, 2015, at around 22:40, the Defendant driven a C-wing truck under the influence of alcohol concentration of about 0.095% without a driver’s license, from around the 1km section to the front of the 1533-19 “Yak Fishing Ground” restaurant, Kacheon-ri, Doncheon-gun, Dancheon-gun, Doncheon-gun, Sincheon-gun, Doncheon-gun, Doncheon-do, to the front of the cafeteria cafeteria 153-19.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act include a majority of the criminal records of the defendant with the same kind of crime, and even though the judgment of probation was entered, the same criminal records have considerably passed, it is difficult to say that the blood alcohol concentration at the time is very high, and in light of the circumstances of the defendant's assertion, it may be viewed that the defendant was a temporary driving, and the sentence is determined as above.