Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 27, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the support of the Daejeon District Court in Daejeon District Court on February 27, 2008, and a summary order of KRW 5 million for the same crime in the same court on January 6, 2017, respectively.
On February 23, 2017, the Defendant driven a vehicle for the cuber under the influence of alcohol concentration of 0.078% without a motor vehicle driver’s license in the section of approximately 2 km from the area near the Seoul High Court in the Gyeonggi-si, Gyeonggi-do to the front of the same Eup ridge.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (including a copy of a summary order and accompanying materials);
1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;