beta
Text
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 March 19, 2014, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court on March 19, 201, and on April 26, 2017, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the same court on April 26, 2017.
On November 20, 2018, the Defendant, without obtaining a driver's license on November 20, 2018, driven Dsch Rexroth car under the influence of alcohol concentration of about 0.05% from approximately 2km to the front road of the commercial area in the Young-dong, Young-gu, Incheon, and the front road in the Gu B.C.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the control of drinking driving, and inquiry into the register of driver's licenses;
1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The amount of punishment as ordered in consideration of various sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, the background of the crime in this case, the circumstances after the crime, etc., and the circumstances of the crime, etc., which are shown in the oral proceedings, shall be determined in light of the fact that the defendant is led to confession and reflect, and the blood alcohol concentration is not relatively high: