beta
Text
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 September 29, 2009, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the Suwon District Court on September 29, 2009, and on July 7, 2016, the Defendant was requested to issue a summary order of KRW 4 million for a violation of road traffic law (drinking driving) in the Suwon District Court’s Pyeongtaek District Court on July 7, 2016.
On September 11, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 18:40 on September 11, 2016, driven DK5 motor vehicles in the state of alcohol with approximately 0.102 percent alcohol concentration in blood, from the two kilometers section from the front of Pyeongtaek-si to the front of the king-dong in the same Eupn zone.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on detection and the register of driver's licenses;
1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc. issued against 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The observation of protection and the provision of a community service order under Article 62-2 of the Criminal Act: Four times due to the driving of alcohol without a license and one time due to the driving of alcohol without a license, the fact that there is no previous conviction exceeding a fine, the circumstances of driving under the influence of alcohol, the numerical value and distance of alcohol