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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 1, 2011, the Defendant was sentenced to a fine of five million won for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 1, 201, and was sentenced to a suspended sentence of two years on May 13, 201 for the same crime at the Jung-gu District Court on May 13, 201.
On June 25, 2015, at around 23:05, the Defendant driven a B-hand car with a blood alcohol concentration of about 0.175% while under the influence of alcohol without obtaining a driver’s license in a section of about 2km from the 489 “Mariwon” to the front of “Yululwon” in the Namyang-si, Namyang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. The driver's license ledger;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and attachment reports of written judgments);
1. Article 148-2 (1) 1, Article 44 (1) (the point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order have a majority of the criminal records of the defendant with the reason of sentencing in the main sentence of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and repeats again even though
However, considering the fact that the crime was committed after the period of probation expires, the defendant supports the young children, and the fact that the crime of this case is not committed again, the punishment as ordered shall be determined in consideration of the fact that it is committed after the period of probation expires.