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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On August 21, 2012, the Defendant was sentenced to a fine of KRW 7 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on November 26, 2014, respectively.
On August 31, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a Bbpppon vehicle under the influence of alcohol at approximately 0.150% of blood alcohol concentration at the section of about 900 meters from the Do in front of the mutual influence-dong in Gwangju Northern-dong to the front road of the Do in the same Doudong-dong.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A driver's license inquiry;
1. Previous records of judgment: Application of two copies of Acts and subordinate statutes, such as criminal records, repeated statements, written judgments, etc.;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The sentencing period of Article 62-2 of the Criminal Act includes the Defendant’s drinking records (the same as the first head’s previous conviction as indicated in the judgment of his driving), driving distance, blood alcohol concentration, the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, etc., and all of the sentencing conditions shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, circumstances after the commission of the crime, etc., shall