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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 6, 2008, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch Branch on September 5, 201, a summary order of KRW 2 million as a fine for the same crime at the Seoul Southern District Court’s Seoul Southern District Court on September 5, 201, and on February 26, 2014, a summary order of KRW 8 million was issued, respectively, from the Incheon District Court’s Busan Branch Branch on February 26, 2014.
On May 10, 2019, the Defendant violated the duty of prohibition of driving under the influence of alcohol twice. On May 10, 2019, at around 05:51, the Defendant driven a Dsch Rexroth car at a 2km section of approximately 2km to the roads front of the Seoul Yangcheon-gu Seoul apartment Cdong, under the influence of alcohol concentration of 0.094% of the blood alcohol concentration without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (former and confirm), copies of summary orders;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The probationary sentencing of Article 62-2 of the Criminal Act (0.094%) shall be determined in the same way as the order, taking into account the following factors: (a) the reason for the sentencing of Article 62-2 of the Criminal Act; (b) the alcohol alcohol measuring level (0.094%); (c) the previous conviction
It is so decided as per Disposition for the above reasons.