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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
[Power of crime] The Defendant received a summary order of KRW 2.5 million from the Suwon Friwon on December 19, 2008 to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act, and the summary order of KRW 5 million from the same court on June 3, 2015 to the same crime.
[Criminal facts]
1. On May 20, 2018, the Defendant driving a D Poter II truck without obtaining a driver’s license from the first floor parking lot of the C Hospital in Osan-si, the first floor from the 09:15 on May 20, 2018.
2. On May 20, 2018, the Defendant: (a) driven a DPoter II cargo vehicle with approximately 5m alcohol level of 0.183% while under the influence of alcohol at the first floor parking lot of the pertinent C Hospital on May 20, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Notification of the results of regulating the driving of alcohol and the driver's license register;
1. Photographss and CCTV images of a C hospital parking lot at the time of detection;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, and the text of the judgment attached thereto;
1. Article 152 subparagraph 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (unlicensed driving points), Article 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning criminal facts, the selection of imprisonment for a prison labor;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment plus the long-term punishment for each crime);
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62); Article 62 (2) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act); Article 62 (3) of the same Act provides that
1. The community service order under Article 62-2 of the Criminal Act;