Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 4, 2008, the Defendant was sentenced to a fine of KRW 1,00,000 to a fine of KRW 1,50,000 as a crime of violation of road traffic law (drinking) in the Gwangju District Court's net support on August 4, 2008, and a fine of KRW 4,50,000 to a fine of KRW 1,50,000 as a crime of violation of road traffic law (drinking) in the Gwangju District Court
On April 10, 2018, the Defendant driven a motor vehicle of 21:47 at the level of alcohol level 0.078%, while under the influence of alcohol level 0.078%, from the front day of the mutual influent restaurant, which is located in the Dong Ordinance of Macheon-si to the front day of the net 3km-si, in a manner of under the influence of alcohol level 0.078%.
On May 28, 2018, the Defendant driven C6.5 tons of cargo without obtaining a driver's license from 19:30 on May 28, 2018 to 102 km at the point of 102 km on the off-road (on the off-road).
Summary of Evidence
"2018 Highest 831"
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. References to inquiries, such as criminal history, and reports on investigation (verification of criminal history of the same kind of crime) "2018 Highest 1293";
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;
1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1), subparagraph 1, and 43 of Article 152 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The fact that there are many criminal records, including criminal records of the same kind of sentencing for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the fact that the amount of alcohol content in blood was not high, the defendant's age, sex, criminal conduct, family relationship, environment, background and result of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the text.