Text
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 became final and conclusive.
Reasons
Punishment of the crime
The Defendant, at the Seoul Western District Court on June 16, 2010, has been sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) and a fine of three million won for the same crime in the same court on December 7, 2011.
On October 30, 2014, at around 23:20, the Defendant, while drunk with a blood alcohol concentration of 0.128%, driven a Maz car without obtaining a driver’s license, from the neighboring area of the drinking felel in Eunpyeong-gu Seoul Metropolitan Government (Seoul), to the unification of Eunpyeong-gu, Seoul to 87-6-5.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses and results of the control of drinking driving;
1. Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to judgment, etc.);
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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Taking into account the reflection of the fact and the fact that there is no criminal record exceeding the fine);
1. Article 62 (1) of the Criminal Act (Reexamination of Circumstances);