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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 26, 2008, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and on August 4, 2014, the same court issued a summary order of KRW 1.5 million as a fine for the same crime, respectively.
On January 17, 2016, the Defendant driven a B car with alcohol level of 0.055% in the influence of alcohol during blood at around 23:40, and driven the said car without obtaining a driver’s license in the section of approximately 300 meters in front of the same city-to-day 215, in front of the road located in Pyeongtaek-si, Seo-si, Seo-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the result of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of the same kind of force);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act (including blood alcohol concentration in blood, circumstances leading to a crime, etc.);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition for the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attendion - The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Military Service and Order to Attend for the same kind of force, background leading to the crime