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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 one year from the date of the final judgment.
Reasons
Punishment of the crime
On September 1, 2014, around 15:32, 2014, the Defendant driven B-type cargo vehicles under the influence of alcohol concentration of 0.196% without obtaining a driver’s license from the vehicle inspection station in front of the vehicle inspection station located in the Dong-si, Chuncheon-si to the roads in front of the Gelim elementary school located in the same city.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the reporting on the state of driving under the influence of alcohol, the results of the control of drinking driving, and the driver’s license inquiry;
1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the same Act concerning the choice of imprisonment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reasoning for sentencing under Article 62-2 of the Criminal Act on probation and lecture order is that the defendant has been punished by a fine of two million won or more for the violation of the Road Traffic Act in 2004, or a fine of one hundred and fifty thousand won or more for the violation of the Road Traffic Act in 2005, or a fine of one hundred and fifty million won or more for the violation of the Road Traffic Act in 2006, or a fine of three million won or more for the violation of the Road Traffic Act in 2008, although there were records of past punishment for the violation of the Road Traffic Act in 2008, or a violation of the Road Traffic Act without a license, the defendant is against his own misconduct, and the defendant has no record of punishment for the suspension of the execution of his imprisonment or more for the same crime. It is so decided as per Disposition by the court below.