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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 30, 2009, the Defendant was issued a summary order of KRW 1,50,000,000,000,000,000,000,000,000 won as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch Support of the Suwon Flag Flag on July 14, 201 as a crime of violation of the Road Traffic Act (driving) at the Suwon Flag Flag Flag on July 14, 2014 and on August 21, 2014.
Criminal facts
Despite the fact that the Defendant was punished as a crime of violating the Road Traffic Act on more than two occasions, on May 25, 2016, the Defendant was under the influence of alcohol content of 0.096% during blood at around 00:18 on May 25, 2016, and driving a B Crasler 300C car from around 2 km to the middle school in the area of the right line located in the Sejong-dong-dong of Suwon-si, Suwon-si, at a place where his address cannot be known without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. License register;
1. Criminal records as stated in the judgment: Application of an inquiry letter, such as criminal history, investigation report (Attachment to the summary order) and statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55(1)3);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. An order to attend a course under Article 62-2 of the Criminal Act;