beta
Text
A defendant shall be punished by imprisonment for six 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 November 2, 2007, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, KRW 3 million as the same crime in the same court on September 19, 2012, and KRW 6 million as the same crime in the same court on August 10, 2015.
On March 27, 2016, at around 13:40, the Defendant driven BN125 Obane while under the influence of alcohol by 0.108%, without obtaining a motorcycle driver’s license, in a section of approximately 1.35 km from the front day of the GludCC golf course in Gwangju-si, Gwangju-si, and from the front day of the GludCC golf course, the Defendant driven BN125 Obane while under the influence of alcohol by 0.108%.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;
1. Registers of driver's licenses;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,
1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);
1. It is so decided as per Disposition on the grounds of probation, community service order, and lecture order under Article 62-2 of the Criminal Act (the imposition of a certain period of community service, etc. in order for a defendant to return to a sound member of society in view of the records,