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A defendant shall be punished by imprisonment for one year.
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 21, 2009, the Defendant was sentenced to a suspended sentence of 4 months by the Seoul Southern District Court for a violation of the Road Traffic Act, and on August 5, 201, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act, and the same court on August 5, 2011 was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act, and was sentenced to 4 times
On March 15, 2015, at around 10:33, the Defendant driven a BMW car under the influence of alcohol content of 0.121% without obtaining a driver’s license from the king bathing beach located in the Jung-gu Incheon Metropolitan City, Incheon to the 16-5 Northwest-do, the old Yong-do, to the 16-5 Northwest-do.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of investigation reports (limited to criminal records of the same kind and attachment of judgment);
1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to 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. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is very poor in light of the fact that the defendant committed the instant crime even though he had been subject to suspended sentence and a fine on six occasions from around 2002 to the recent crime of driving without a license, etc., but the crime of this case is committed. However, the punishment as ordered shall be determined by taking into account the defendant's age, character and behavior, environment, circumstances after the crime, etc.