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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 15, 2010, the Defendant was sentenced to a fine of 2,000,000 won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on October 15, 201, and a fine of 4,00,000 won for a violation of the Road Traffic Act in the same court on January 31, 2013.
On December 9, 2014, at around 22:25, the Defendant driven B-low-water vehicle under the influence of alcohol with a blood alcohol concentration of about 0.098%, without obtaining a driver's license, in a section of about 50 meters from the 50-meter radius to the jum-si jum-dong, in front of the caner cafeteria, which is located in the Jinsi-si, Sinsi-si.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous records: The application of criminal records, inquiry and other 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. Although an order to attend a course of punishment twice for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the crime is heavier than that of an order to attend a course by driving alcohol in the state of unauthorized license and causing a traffic accident;
However, the sentence shall be determined as ordered in consideration of the fact that there is no criminal conviction or heavier for the same crime, and that it is against the law, taking into account other various circumstances, such as the age, character, conduct and environment of the defendant.