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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 14, 2011, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 3.5 million from the Incheon District Court to a fine of KRW 11 January 11, 2012, respectively.
Criminal facts
As above, the Defendant was a person who had been punished for a violation of the Road Traffic Act more than twice. On February 23, 2013, at around 00:0, the Defendant driven a B-hand car with a blood alcohol concentration of 0.103% under the influence of alcohol without obtaining a driver’s license from around 20 meters from the front side of the Seo-dong, Incheon, Nam-gu, Incheon to the front side of the 620th road.
Summary of Evidence
1. Defendant's legal statement;
1. Investigation into the results of the drinking driving control, and the application of the statutes on the register of driver's licenses;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1) 3 of the same Act, including the fact that there exists a criminal record of the same kind of crime as the time of the sale, the defendant repents and reflects his/her wrong facts, the distance of driving
1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;