beta
Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 23, 2011, the Defendant is a person who received a summary order of KRW 2 million from the Seoul Central District Court to a fine of KRW 2 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Seoul East East District Court to a fine of KRW 2 million for the same crime on June 29, 2012.
The Defendant, without obtaining a driver’s license, was under the influence of alcohol content 0.088%, and around 22:39 on July 22, 2012, the Defendant driven CA car at approximately KRW 700 meters from the front of the additional Mao-dong in Geumcheon-gu Seoul, Geumcheon-gu, Seoul to the front of the same Geumcheon Tax Office.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation report, and inquiry into the results of the control of drinking driving;
1. An inquiry into driver's license and a report on the situation of driver's license without license;
1. Previous convictions indicated in judgment: Criminal history records, etc., copies of inquiries into cases in Seoul Central District Prosecutors' Office No. 2011 type No. 78338, and summary orders, and copies of inquiries into cases in Seoul East District Prosecutors' Office No. 2012 type No. 436, and copies of summary orders;
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)