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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a driver of a PP car.
A. On March 1, 2018, the Defendant violated the Road Traffic Act (drinking) driving the said vehicle at around 100 meters in front of the seat of the plane captain in Busan-gun for the purpose of drinking alcohol content of 0.126% in light of the influence level of around 20:56.
B. Violation of the Road Traffic Act (Unlicensed Driving) is driving without a driver’s license on the road surface of the time and place such as the Road Traffic Act (A).
Summary of Evidence
1. Statement by the defendant in court;
1. The driver's license ledger;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;
1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the 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. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the fact that there is no power to be punished heavier than a fine for the same kind of crime);
1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;