beta
Text
A defendant shall be punished by imprisonment for six months.
except that 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 December 7, 2007, Defendant A was sentenced to a fine of KRW 1,200,000 for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 7, 2007. On March 15, 2011, Defendant A received a fine of KRW 1,00,000 for a violation of the Road Traffic Act (driving) by the same court.
Criminal facts
On August 25, 2013, the Defendant was under the influence of alcohol with 0.296% of blood alcohol concentration around 17:10 on August 25, 2013, and the Defendant driven B 125c straw wing, without a motorcycle driver’s license, and proceeded 6 km from the roads front of the 415 poppy in the Seo-gu Plap 878-1, Seo-gu, Seo-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a driver, report on blood alcohol appraisal, investigation report (33 pages of investigation records), and the register of driver's licenses of motor vehicles (56 pages of investigation records);
1. Previous convictions in judgment: Criminal records, summary orders, and application of a copy of judgment;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of a punishment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The sentence as ordered shall be determined in consideration of the criminal records of the defendant with the reason of sentencing under Article 62 (1) of the Criminal Act, the blood alcohol concentration of the defendant at the time of the crime in this case, drinking, the circumstances of driving without a license, and other circumstances such as character, conduct, age, environment, etc.