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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
[Criminal Power] On March 20, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on March 20, 2007, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 25, 2010.
【Criminal Facts】
On August 30, 2013, at around 22:35, the Defendant driven B-be cargo vehicle under the influence of alcohol leveling 0.112% without obtaining a driver’s license from a section of about 300 meters near the Dong office located in Ulsan-gu, Ulsan-gu, 5-dong, to the prosperity and lower road in the same Kusan-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of state of drivers, and the register of driver's licenses;
1. Previouss: Application of Acts and subordinate statutes to inquiries, such as criminal records;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. It is so decided as per Disposition on the grounds of probation, community service order and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service in order for a defendant to return to a sound member of society in view of the military records of the defendant)