Text
A defendant shall be punished by imprisonment for six 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 December 28, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on December 28, 2012, and a fine of KRW 1.5 million for the same crime at the Seoul Central District Court on August 30, 2007.
On February 26, 2013, at around 00:06, the Defendant, without a car driver’s license, driven the Crocketing car at approximately 150 meters from the street before the 0.101% of the blood alcohol concentration in the sea complex Heungdo-si, Hodo-si, Sinsi-do, to the 3rd distance at the 2208 location, under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Report on the situation of operation without a license;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of criminal records, investigation reports (at least 21 pages of evidence), each summary order (at least 22 pages, 24 pages of evidence records), and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, 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 chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20
1. Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal record for the same kind of crime exceeding the fine);
1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;