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A defendant shall be punished by imprisonment for not less than eight months.
except that 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 July 22, 2011, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 5,500,000 as a fine for a violation of the Road Traffic Act at the Cheongju District Court on July 25, 2013.
On October 22, 2014, at around 00:15, the Defendant driven B-5 automobiles under the influence of alcohol content of 0.067% without a driver’s license on the section of approximately 1km from the front of the national road station located in the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun to the front of the road.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. The circumstantial statements of a drinking driver, notification on the control of drinking and driving, and the register of driver's licenses;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of three copies of a summary order;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 as a matter of choice (including the repetition of the same kind of crime even though the previous two-time driver's license or the previous driver's license for one-time driver's license has been involved);
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., that the person does not repeat the crime in depth, that there is no history of punishment for suspension of qualifications or more severe punishment, that there is no high level of drinking alcohol, and that the distance of driving is shorter, etc.);
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);