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
On January 10, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the Ulsan District Court on February 23, 2009, and was sentenced to a fine of 1 million won for a violation of the Road Traffic Act (driving without a license) at the same court on February 23, 2009. On May 22, 2013, the Defendant was charged with a fine of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the same court on May 22, 2013. On July 5, 2013.
On September 8, 2013, at around 04:00, the Defendant driven B cruise car under the influence of alcohol content of at least 0.106% without obtaining a driver’s license, from around 600 meters in a distance of approximately 600 meters, from the Ulsan-dong Free University near Ulsan-dong, Ulsan-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. A driver's license inquiry;
1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;
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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.
1. Article 62 (1) of the Criminal Act (Concurrent Consideration of Sentencing)
1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he had the record of being punished four times due to drunk driving, and the current Road Traffic Act provides that the person who has violated the prohibition of drunk driving at least two times or the person who has violated the prohibition of drunk driving at least 0.2% of the blood alcohol level shall be punished more strictly.
The fact that the defendant is waiting to commit a crime and is against the defendant, that the defendant has no criminal records of suspended execution or above, and other crimes.