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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 10, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act by a fine of KRW 6 million from the Daegu District Court, and on January 6, 2017, the same court received a summary order of KRW 4 million as a fine for the same crime.
Although the Defendant was punished as a crime of violating the Road Traffic Act (drinking) more than twice as above, on October 26, 2017, the Defendant driven BNS car under the influence of alcohol level of about 0.098% while under the influence of alcohol leveling 0.098%, without obtaining a driver’s license from the front of a restaurant located in the teambol Pol Pol Pol Polol Commercial Complex, which is located in the same military direction, from the front of a restaurant located in the middle side of the teambol commercial complex to the front of the ambolp taxi in the same military direction.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
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 to mitigate small amount;
1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant was punished several times due to drinking alcohol driving; (b) the Defendant recognized his mistake and reflects the Defendant; (c) the Defendant was not subject to a suspended sentence or heavier punishment; and (d) the Defendant was not subject to a suspended sentence or heavier punishment; and (c) the Defendant’s criminal records