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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 January 21, 2009, the Defendant received a fine of three million won as a crime of violation of the Road Traffic Act from the Incheon District Court on January 21, 2009 and a summary order of three million won as a crime of violation of the Road Traffic Act from the Incheon District Court on September 28, 2012.
As above, the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) and was driving a 3.5 KK vehicle, which is owned by the Defendant, from the front side of the new flag market located in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, on December 00:13, 2013 to the front side of the Cheongsung-dong 455-1, Yeonsu-gu, Incheon, without obtaining a driving license, and driving a 3.5 KK vehicle under the influence of alcohol concentration of 0.14% under the influence of alcohol concentration of 0.14%.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. A report on detection of a de facto driver and a circumstantial statement;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (attached to summary orders issued on the same attached military unit);
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act due to a more severe punishment)
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary work: Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);
1. Article 62 (1) of the Criminal Act on the suspended execution.