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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 May 1, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 1, 2007, and on May 15, 2012, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 15, 201.
On January 2, 2013, the Defendant, without obtaining a driver’s license on January 22, 2019, driven a Grandroth vehicle under the influence of alcohol to approximately 100 meters in a section of 100 meters from the day before the cafeteria, which is in the Cheongsidong, to the front road in the Cheongsidong, with a blood alcohol concentration of at least 0.182%.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of criminal records and investigation reports (reports attached to the same criminal records and summary order of a suspect);
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 Article 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confession, reflectivity, and fine, in addition to punishment, taking into account the absence of any special criminal record);
1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act provides that the execution of the sentence shall be suspended at once only in consideration of the fact that the defendant has been punished twice as above, but it is inferior to the quality of the crime by driving under drinking and driving
1. Article 62-2 (1) of the Criminal Act to attend lectures;