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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 May 1, 2009, the Defendant issued a summary order of a fine of two million won at the Suwon District Court for a violation of the Road Traffic Act or for a violation of the Road Traffic Act (non-licensed driving), and on July 6, 2014, the Defendant issued a summary order of five million won for a violation of the Road Traffic Act at the same court on July 6, 2014.
On May 16, 2015, at around 05:20, the Defendant, without obtaining a driver’s license, driven a B SP car in the section of about 5 km from the front of the 5km of the amban, to the front of the ambane in front of the cafeteria located in the Newnam-si, Chungcheongnam-si, Namyang-si, Namyang-si with the influence of alcohol by 0.056% of the blood alcohol concentration.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the result of crackdown on drinking driving;
1. A driver's license inquiry;
1. Previous records of judgment: Application of a reply to criminal records, reply, and copy of judgment;
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 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The punishment as ordered shall be determined by taking into account various circumstances that meet the sentencing conditions, such as the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order reflects the defendant, the fact that the defendant was punished only by a fine, the fact that the blood alcohol content is low, the driving distance is short, and the need to take measures to prevent recidivism, etc.