Text
A defendant shall be punished by imprisonment for not less than eight 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
Criminal facts
On August 30, 2010, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and on April 1, 2016, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a crime of violating the Road Traffic Act.
On April 23, 2016, at around 00:36, the Defendant driven a vehicle B B in the state of alcohol alcohol concentration of approximately 0.136% in approximately 6km from the 6km section to the road north of the window of Changwon-si, Changwon-si, Seoul, without a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do134, Apr. 1, 2011>
1. An order to attend a course under Article 62-2 of the Criminal Act;