beta
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 September 29, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4.5 million for a fine in the same court on December 8, 2014.
At around 04:50 on February 12, 2015, the Defendant driven a B SP car in a drunken state with a blood alcohol concentration of at least 0.091%, without obtaining a driver’s license, from around 200 meters in a section of approximately 1350 mn-si, Chungcheongnam-si, Chungcheongnam-si, Namyang-si, Namyang-si, to the 1st road of about 1350 mn-si, Namyang-si.
Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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;
1. The reason for sentencing the proviso of Article 62-2(1) and the proviso of Article 62-2(2) of the Criminal Act is that the defendant committed a crime of drinking alcohol driving three times in the last short period, and as such, two previous fines have been imposed, the instant case is subject to a suspended sentence of imprisonment and an additional disposition to prevent recidivism.