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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 two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The Defendant has the penal power to punish the violation of the Road Traffic Act (driving) at Suwon District Court; the fine of KRW 1.5 million on August 27, 2010; and the fine of KRW 2 million on November 12, 2014.
On February 19, 2015, at around 03:05, the Defendant driven B vehicles with a blood alcohol concentration of about 0.149% without a driver’s license, from approximately 2km to the road located in the 84-ro, Annsan-si, Annsan-si, Annsan-si, Annsan-si (Yidong) from the Busan-si, Annsan-si, Annsan-si.m., the Defendant driven B vehicles with alcohol content of about 0.149%.
As a result, the Defendant, while driving a motor vehicle without a driver’s license, was in violation of the provisions of “Prohibition of Driving while under the influence of alcohol” more than twice, driving a motor vehicle under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into driver's license and the results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
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 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 suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are many records of punishment for traffic crimes to the accused, the confession and reflect of the accused, and the accused
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.;