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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
On October 16, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act; on March 18, 2010, the same court received a summary order of KRW 3 million by the same crime; on June 17, 2011, in the same court, the Defendant was sentenced to imprisonment for six months; and on January 16, 2012, the said judgment became final and conclusive; on June 28, 2012, the same court was sentenced to a fine of KRW 5 million by the same crime.
On June 28, 2012, around 20:30 on June 28, 2012, the Defendant driven C Poter truck under the influence of alcohol content 0.138% without obtaining a driver’s license from around 1km section to the road in the “Sean Sea Distribution,” which was located in the Sinhae-si, Kimhae-si.
Summary of Evidence
1. Defendant's legal statement;
1. A written report from an employee of an employer;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Criminal records, previous records and results of confirmation, and application of Acts and subordinate statutes of the judgment;
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. The following circumstances were taken into account in determining the punishment such as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.
- Unfavorable circumstances: The most favorable circumstances such as the fact that there are many criminal records of the same kind, the fact that the person was sentenced to a fine while driving under influence of alcohol again during the period of suspension of execution due to the same kind of crime, and the fact that the person was sentenced to a fine for the crime of this case in another time