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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 9, 2008, the Defendant was sentenced to four months of imprisonment and two years of suspended execution due to a violation of the Road Traffic Act, etc. at the District Court of Jung-gu on May 9, 2008. On April 9, 2013, the Defendant was issued a summary order of KRW 5 million as a fine for the same crime by the same court.
Nevertheless, at around 11:50 on November 12, 2014, the Defendant driven BM5 car under the influence of alcohol content 0.061% without obtaining a driver’s license in a section of about 100 meters from the Do of the Do of the Government-dong, Do to the front road of the 126-ro “Eiporo Life” located in the Do of the same city.
As a result, the defendant, without obtaining a driver's license, has violated the prohibition of driving under the influence of alcohol not less than twice, and once again driven a motor vehicle while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. License inquiry;
1. Previous records: Application of criminal records and investigation reports (Attachment to judgments on the same crime committed by a suspect) and Acts and subordinate statutes;
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 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. Article 62 (1) of the Criminal Act;
1. Probation and community service order: (a) re-offending the Defendant’s reasons for sentencing of Article 62-2(1) and proviso to Article 62-2(2) of the Criminal Act, even if having a large number of identical criminal records; (b) however, a considerable period of time has elapsed since the previous conviction of the same kind of probation had been 2008; and (c) a punishment shall be determined by taking into account