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A defendant shall be punished by imprisonment for one year.
However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 2, 2009, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 2, 2009, and on June 30, 2016, the Defendant was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 30, 201, and the same criminal records are more than twice.
On October 26, 2016, at around 21:12, the Defendant driven a B truck with approximately 50 meters of alcohol level 0.147% while under the influence of alcohol without obtaining a driver’s license, and driving the B truck from the marb “tecin” coffee in Ulsan-gu, Ulsan-gu to the front of the same “ocin price” regardless of the same share price.
Therefore, even though the Defendant was driving at least twice, the Defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Report on circumstantial statements of a driver and the register of driver's licenses;
1. Application of the Act and subordinate statutes to inquiry reports and investigation reports, including criminal records;
1. Driving under the influence of alcohol for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (Consideration of the crime, the fact that the crime is committed, the fact that the crime is committed, the situation of the family, the surrounding environment, etc.);
1. Order to attend lectures under Article 62-2 of the Criminal Act;