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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
Punishment of the crime
On October 23, 2008, the Defendant issued a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act (driving) at an Ansan Branch of the Suwon District Court on January 19, 2010, fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the Busan District Court Branch of the Incheon District Court on January 19, 201, and fine of KRW 7 million as a crime of violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on April 21, 2014.
On July 17, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a B-gro vehicle under the influence of alcohol with a blood alcohol concentration of 0.238% without obtaining a driver’s license in the section of approximately 3km-dong Pungcheon-dong from around the roads near the mutually influoral fluoral end in the G-si Suwon-si (U.S. 22:45, Jul. 17, 2014) to the lower part of the road.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual status of a host driver;
1. The driver's license ledger;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (the records of violation of Article 44 (1) of the Road Traffic Act);
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);
1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;