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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
The Defendant is a person who has driven a motor vehicle under the influence of alcohol level of 0.102% on May 16, 2010 and under the influence of alcohol level of 0.172% on September 7, 2012 and violated the prohibition on driving a motor vehicle under the influence of alcohol level of 0.172% on at least two occasions.
On April 28, 2014, at around 19:40, the Defendant driven a DNA strawing car without a driver’s license, while under the influence of alcohol leveling about approximately 0.075% from a 300-meter radius to a Gu American Public Health Center located in the same Dong, from the Hastren road located in the Gu, Sinsi-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
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. 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. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant has a history of criminal punishment of seven times due to drinking or unlicensed driving.
Nevertheless, the responsibility for the crime is very heavy in that it causes a traffic accident while drinking and driving without a license.
However, in consideration of the fact that there is no previous conviction or more than the suspension of execution, the punishment shall be determined as per the disposition.