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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 19, 2006, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act, etc. at the Incheon District Court on December 19, 2006; on August 26, 2013, the Incheon District Court issued a summary order of 5 million won by a fine of 5 million won for a violation of the Road Traffic Act; and on May 30, 2016, the Incheon District Court issued a summary order of 7 million won by a fine of 5 million won for a violation of the Road Traffic Act.
On August 23, 2016, the Defendant was under the influence of alcohol by 0.151% without obtaining a driver’s license on August 23, 2016, the Defendant driven a BM3 vehicle at a distance of about 8 km from the cross-fluent alcohol house in the Seo-gu Incheon Metropolitan City, Seo-gu to the Aeiturdo eurdo, Incheon.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. C’s statement;
1. Notification of the control results of drinking driving, report on the situation of driving without a license, and the register of driver's licenses;
1. Application of Acts and subordinate statutes, such as inquiry reports on criminal records, investigation reports (Attachment to a copy of the same type of judgment, etc.), and copies of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);