Text
A defendant shall be punished by imprisonment for not less than eight 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 27, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Branch’s branch on May 27, 201. On January 25, 201, the Defendant was sentenced to a summary order of 2.5 million won for the same crime, etc. on January 25, 201; on October 28, 201, the court issued a summary order of 3 million won for a fine for the same crime, etc. at the same court on October 28, 201; and on December 16, 2014, the Defendant was punished for a violation of Article 44(1) of the Road Traffic Act on more than two occasions.
On April 1, 2015, around 07:35, the Defendant driven BU125 V Obaba while under the influence of alcohol content 0.157% without a driver’s license from a section of approximately 2 km to the front road of the early intersection located in the same area as the early intersection of the early intersection at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Report on detection of a host driver, and report on the status of a host driver;
1. Registers of driver's licenses, and car4;
1. A traffic accident report, a traffic accident report, and on-site photographs;
1. Previous convictions in judgment: An inquiry report on crimes, a report on the results of confirmation of the failure to take measures, a criminal investigation report (Attachment to the same type of judgment, etc.), a summary order, application of Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without a license for driving a motorcycle);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);
1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though he/she had the record of punishment several times for the same kind of crime.