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A defendant shall be punished by imprisonment for six months.
except that 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 January 10, 2012, the Defendant issued a summary order of a fine of KRW 1.5 million at the Suwon District Court for a violation of the Road Traffic Act, and the same year.
6. 7. The same court has been issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act.
On March 5, 2014, the Defendant, without obtaining a driver’s license at around 23:10 on March 5, 2014, driven a B-learning car at a section of about 50 meters in front of the relevant 4th line, located in the same air defense center, located in the same air defense center from the Do near the Seocho-gu Seoul Seocho-gu Kafa, Seoul, to the same air defense center, under the influence of alcohol content of 0.107%.
The Defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of the drinking driving control;
1. Registers of driver's licenses;
1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes of investigation reports (Attachment to judgments of the suspect's same kind of power);
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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of a sentence of imprisonment with prison labor (applicable to the same kind of crime);
1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14548
1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that it is against the depth of the above circumstances);