Text
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
[Criminal Power] On March 28, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court on March 28, 2007, and on June 13, 201, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving).
【Criminal Facts】
On June 8, 2014, at around 00:03, the Defendant driven B car under the influence of alcohol with approximately 0.165% alcohol concentration without obtaining a driver’s license from the section of approximately 1km from the Gandong of Busan to the front road from the Kank-dong of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing and statement, the register of driver's licenses, and details of disposition on the cancellation of driver'
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the selection of imprisonment for a crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., that the defendant is against whom the suspension of execution is imposed, and that there is no criminal record against the defendant beyond the fine);