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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] The defendant was sentenced to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act (driving on June 17, 2008), on June 17, 2008, the defendant was sentenced to a fine of KRW 2 million for a crime of violation of the Road Traffic Act (driving on June 17, 2008), and on May 6, 2013, the defendant was sentenced to a fine of KRW 5 million by the Seoul Northern District Court for a crime of violation of the Road Traffic Act (driving on May 6, 2013) and was sentenced to a fine of KRW 5 million for a same and six times before the same offense.
【Criminal Facts】
On March 3, 2015, at around 04:02, the Defendant driven a BNAS car under the influence of alcohol concentration of 0.057% without obtaining a driver’s license from the front of a cafeteria in the trade name in the middle-gu Incheon Metropolitan City, Jung-gu to the front of the East-gu, Dong-ro 118mn among the persons in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. License inquiry;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the previous records of the same type and the judgment, etc.);
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 Decisions 201Do139, Apr. 1, 201; 20
1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)
1. Order to attend lectures under Article 62-2 of the Criminal Act;