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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 25, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on July 25, 2007, the summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court Branch Branch Branch Branch of the Incheon District Court on September 23, 2013, and the summary order of KRW 5,00,00 as a fine for a violation of the Road Traffic Act (dacting driving) was issued on October 17, 2014.
On June 1, 2016, the Defendant driven a motor vehicle with Crops under the influence of alcohol of about 0.063% in alcohol while under the influence of alcohol without obtaining a driver’s license from the front of the influent road in the Oragu-si, Bupyeong-si to the same 500-meter-ro road.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement of the circumstances of driving at drinking, notification of the results of regulating drinking driving, and the register of driver's licenses;
1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of the same record of the suspect);
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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200
1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);