beta
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 becomes final and conclusive.
Reasons
Punishment of the crime
On November 17, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine for the same crime from the same support on May 29, 2013, respectively.
On March 11, 2015, at around 21:45, the Defendant driven a B-hand car under the influence of alcohol with approximately 200 meters alcohol concentration 0.129%, without obtaining a driver’s license, from the area near the Seocho Apartment apartment located in the Heposi, to the road in the front of the Hapo-si Mapoamam.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. An inquiry report;
1. Application of Acts and subordinate statutes to investigation reports (a copy of summary order of the same attached 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Article 62 (1) of the Criminal Act (Consideration of sentencing)
1. Probation and community service order under the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act: (a) Defendant’s mistake and reflects his or her fault; (b) Defendant, other than his or her drunk driving record, has no other criminal record; (c) Defendant’s age, character and conduct, family relationship, etc. are considered to be mitigated and mitigated to determine the sentence against the Defendant