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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On July 22, 2015, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On April 20, 2016, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.
At around 23:50 on July 5, 2016, the Defendant: (a) driven a C-do motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.076% without obtaining a driver’s license, from the front day of the GS 41 GS 25 Si, to the front day of the same L-do 41 GS 25 Si Do 25.
Summary of Evidence
1. Defendant's legal statement;
1. Statement report on the circumstances of the driver, and the driver’s license register;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of repetition of the same type of crime, risk of repeating a crime, possibility of damage to human resources and property held by a drunk driving itself, etc., however, there is no record of punishment heavier than that of the suspended execution due to the same type of crime yet, or the defendant is selected to stay of execution in consideration of drinking alcohol (0.076%) and attitude of reflective attitude, etc.; the defendant
1. Probation and community service order under Article 62-2 of the Criminal Act;