Text
A defendant shall be punished by imprisonment for six 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
Punishment of the crime
On February 12, 2016, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.230%, without obtaining a driver’s license in approximately 200 meters from the roads in front of the mountain basin in the Seo-gu Busan Metropolitan City, Seo-gu to the roads in front of the Preferred day in the same Gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating driving of alcohol and application of Acts and subordinate statutes, such as the ledger of driver's licenses;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. To take into account the previous convictions and majority of the previous convictions (four-time drinking drivers and four-time driving without licenses) for the same reason for sentencing under Article 62-2 of the Criminal Act, the fact that the instant crime causes physical damage, the drinking value and the driving distance, etc.;