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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 22, 2008, the Defendant was sentenced to a fine of KRW 1,500,000 for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on December 22, 2008, and a fine of KRW 2,500,000 for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on September 7, 2011.
On October 2, 2014, at around 02:30, the Defendant driven a B low-speed motor vehicle with a blood alcohol concentration of at least 0.104% under the influence of alcohol without obtaining a driver’s license from the front day of the “Eved Sea” front day of the Gumi-si Scattering, to the rear side of the Gumi-si apartment dong.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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. Although an order to attend a course of punishment twice for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the crime is heavier than that of an order to attend a course by driving alcohol in the state of unauthorized license and causing a traffic accident;
However, the punishment shall be determined as ordered in consideration of the fact that there is no criminal conviction or heavier than the suspension of execution, and the fact that it reflects it, and other circumstances, such as the age, character, conduct and environment of the defendant.