Text
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
[criminal history] The Defendant was sentenced to a fine of KRW 3 million on December 20, 2013 as a crime of violating the Road Traffic Act (drinking driving) in the support of the Friging Friging Friging Frigwon on December 20, 2013. On November 7, 2014, the Defendant was sentenced to a summary order of KRW 5 million for the same crime, etc. and was sentenced to a fine of KRW 5 million in the same court.
[2] On December 11, 2015, the Defendant driven a B-type truck at a distance of about 5 km to the front parking lot of the Bochip apartment 101-dong, Bochip, which is located in the middle side of the Nam-si, Nam-si, Nam-si, Nam-si, both of which, without obtaining a driver’s license, while under the influence of alcohol content of 0.14% among blood transfusion around 19:10 on December 11, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the detection of a driver at home and a report on the circumstances of the driver at home;
1. License register;
1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation, text of judgment, and application of summary order Acts and subordinate statutes;
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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In addition, despite the reason for sentencing under Article 62-2 of the Criminal Act including the drinking of drinking and driving without a license, etc., even if there were the records of serving the sentence on the grounds of sentencing, the circumstances where the Defendant had been subject to punishment on the drinking of this case and driving without a license, etc. However, considering the favorable circumstances such as the Defendant’s confession of the crime, and the circumstances that there was no record of serving more severe punishment than the fine, the Defendant’s age, sex behavior and environment, and the result of the instant crime, the sentence as per Disposition shall be determined by comprehensively considering the sentencing conditions