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1. The defendant shall be punished by imprisonment for four months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
On November 15, 2013, at around 20:15, the Defendant driven a B low alcohol level of 0.073% under the influence of alcohol without a vehicle driver’s license, from the front of the restaurant of “Korea High Village” in the Solsan-si Hearing to the front of the Gaegsan Agricultural and Industrial Complex located in the Gagsan-si, Gagsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each Act and subordinate statute to the records on the records of drinking driving control, and the register of driver's licenses;
1. Relevant Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") concerning the facts constituting a crime under subparagraph 1 of Article 152 and Article 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. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., and Article 62-2 of the Act on the Probation, etc., are as follows: (a) the Defendant was under influence on September 16, 2013 while driving under influence on drinking on September 16, 2013; and (b) the Defendant was subject to a summary order of a fine of KRW 4 million on October 31, 2013; and (c) the Defendant again committed the instant
However, the fact that the defendant reflects the crime, the blood alcohol level at the time of driving is relatively high, and the fact that the defendant has no criminal record of suspended execution or higher is favorable.
In addition, in comprehensive consideration of all other circumstances revealed in pleadings, such as the age, character and conduct, environment, etc. of the defendant, a court shall order the suspension of execution of imprisonment with labor accompanied by probation and attendance order as ordered.