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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 20, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Changwon District Court due to a violation of the Road Traffic Act (driving). On March 14, 2011, the Defendant was issued a summary order of KRW 2.5 million by the same court on March 14, 201.
On June 30, 2014, at around 23:30, the Defendant, without a driver’s license, driven B-type 2 cargo vehicles on the front of the “Fagu Gag-dong, Daegu Gag-dong,” located in the window of Changwon-si, on the road in front of the “Fag-dong, Daegu Gag-dong,” while under the influence of alcohol with a blood alcohol content of 0.150%.
Summary of Evidence
1. Defendant's legal statement;
1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;
1. License, borrowing of books;
1. A report on the occurrence of a traffic accident, a report on the occurrence of the accident and a report on actual condition investigation;
1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., references to criminal records, etc., references to dispositions, reports on results of confirmation, and criminal records, etc.;
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 on the suspension of execution;
1. It is so decided as per Disposition on the grounds of probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act or more (Consideration of the same offense);