Text
A defendant shall be punished by imprisonment for not more than ten 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
Punishment of the crime
【The Defendant was sentenced to a suspended sentence of 6 months in imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court on November 13, 2006 due to a fine of 2.5 million won or more due to a violation of the Road Traffic Act (driving), or a violation of the Road Traffic Act (driving on December 29, 2008) at the Seo-gu District Court Branch Branch Branch of the Daegu District Court on December 29, 2008.
【Criminal facts” around 21:50 on October 13, 2016, the Defendant driven B 100 meters away from the road front of the CU convenience store located in the 90-2 head of the Gyeong-gun, Sung-gun, Sung-gun, in the condition of being drunk with alcohol level of 0.160% in blood alcohol level without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of the occurrence of a police accident;
1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;
1. The driver's license ledger;
1. A report on the occurrence of a traffic accident and a report on actual condition investigation;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the application of the same previous summary order and the text of the judgment;
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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do140, Apr. 1,
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;