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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 22, 2006, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of Suwon District Court on September 22, 2006, for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Jungyang Branch of the District Court on June 10, 2009, and KRW 1.5 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of the Suwon District Court on October 23, 2014.
On March 4, 2015, around 09:45, the Defendant driven B low-end car while under the influence of alcohol content of about 0.120% without a vehicle driver’s license in the 1km section from the Do in front of the Dong-dong citizens market in Ansan-si to the Do-dong roads in front of the Do-dong citizens market.
As a result, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition of drinking at least twice, and once again driven a motor vehicle under the influence of alcohol in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the actual state of driving under the influence of alcohol and a record of drinking measurement;
1. Registers of driver's licenses;
1. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and conduct, environment, the crime of this case, circumstances after the crime, etc.; and