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
Criminal facts
In the Suwon District Court's Ansan Branch, the Defendant has the penal power for each summary order of KRW 1.5 million on February 10, 201, KRW 1.5 million on June 3, 2014, and KRW 3 million on June 3, 2014.
On March 10, 2015, at around 11:54, the Defendant driven two vehicles under the influence of alcohol content concentration of 0.169% without a driver’s license, at a distance of about 10 meters from the 12th Do to the same 28th Do, as the Goero Park in Ansan-si.
Accordingly, even though the defendant was punished more than twice due to the violation of the Road Traffic Act, he again passed a drunk driving.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of drivers and the register of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution includes the fact that the defendant has been punished twice for drunk driving, and once forless driving, but the defendant is led to confession and reflect, and
1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;