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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 October 9, 2009, the Defendant has been notified of each summary order with a fine of KRW 2 million due to a violation of the Road Traffic Act (drinking driving) at the source of a water source method on October 9, 2009, and a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) at the source of a water source method on November 12, 2013.
On April 14, 2016, at around 23:20 on the same day, the Defendant driven a B Hoyren car under the influence of alcohol content of 0.185% under the influence of alcohol while under the influence of alcohol content at around 0.185%, without obtaining a driver’s license for a vehicle with approximately 5km from the same fluent parking lot located in the substitute in Osan-si, Busan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home;
1. Notification and output of the results of regulating drinking driving;
1. All electronic output, such as the ledger of driver's licenses of the victim;
1. Criminal records as stated: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the same summary order) by statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55(1)3 of the Criminal Act to mitigate amount of punishment (see, e.g., the fact that a crime is recognized and reflected, and the fact that a fine is not less than the same kind of fine, etc.);
1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);
1. An order to attend a course under Article 62-2 of the Criminal Act;