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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 6, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Busan District Court on August 26, 2008, and the judgment became final and conclusive on August 26, 2008. On March 16, 2009, the same court issued a summary order of KRW 1 million for the same crime at the same court on April 23, 2009, and the judgment became final and conclusive on October 30, 2014, upon receipt of the summary order of KRW 8 million for the same crime at the same court on November 29, 2014.
On May 5, 2015, at around 05:25, the Defendant driven a Clater under the influence of alcohol concentration of about 0.083% without obtaining a driver’s license from around 3 km section from the Glung-dong, Busan Flung-dong, to the entrance of the Slung River at the same bottom.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;
1. Registers of driver's licenses and details of disposition for cancellation thereof;
1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports (previous records and confirmation), and copies of each summary order;
1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;
1. Selection of imprisonment with prison labor taking into account the repeated crimes of the same kind of crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 20
1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the circumstances above, the health status of defendants, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;