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
Criminal facts
On June 9, 2008, the Defendant received a summary order of fine of one million won or more for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of fine of three million won or more for the same crime at the same court on April 2, 2012.
On December 8, 2015, the Defendant driven a vehicle B Twork XG without a driver’s license while under the influence of alcohol content of about 50 meters from around 148-1 to the 944-3rd road of Changwon-si, Changwon-si, the window 148-1, Changwon-si, the window 148-3, Changwon-si, the Defendant driven a vehicle B Twork XG without a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)
1. An order to attend a course under Article 62-2 of the Criminal Act;