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A defendant shall be punished by imprisonment for not less than eight 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
On March 10, 201, the Defendant was sentenced to a fine of 2.5 million won due to a violation of road traffic law (drinking) in support of the Sungnam branch of Suwon branch of Suwon branch of Korea on March 10, 201, and was sentenced to a suspended sentence of 2.5 million won on November 7, 2013 by the same court for the same crime, etc.
On December 27, 2015, the Defendant driven a D car under the influence of alcohol content of approximately 0.169% from the 1.2 km section to the next road of the playground distance in the general playground located in Sungnam-dong, Sungnam-dong, without obtaining a driver's license for a motor vehicle at around 03:35, Dec. 27, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A report on the situation of the driving of a driver and a report on the detection of the driver;
1. Report on the circumstances of driving without a license;
1. The application of the Act and subordinate statutes to inquiries, such as criminal history;
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 (i.e., reflective measures, such as family members and occupation, in which social convictions are obvious);
1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;