Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On October 6, 2011, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Southern District Court, which was sentenced to a fine of three million won for a violation of the Road Traffic Act. On November 3, 2008, the Incheon District Court was sentenced to a fine of three million won for a violation of the Road Traffic Act.
【Criminal Facts of Crimes】 On March 20, 2013, at around 00:13, the Defendant driven a b-feb-car under the influence of alcohol concentration of 0.125% without obtaining a driver’s license from the front side of the Guro Digital Group located in the Guro-gu Seoul Metropolitan Government, Guro-gu to the front road of the 371 Iron-dong, Geumcheon-gu, Geumcheon-gu, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking control, and the register of driver's licenses;
1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;
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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the mistake of a person is recognized and reflected, and the fact that there is no past record of punishment heavier than the fine);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;