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A defendant shall be punished by imprisonment for six months.
except that 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 December 18, 2012, the Defendant received a fine of one million won for a crime of violation of the Road Traffic Act at the Incheon District Court on December 18, 2012, and on February 4, 2013, a fine of two million won for a crime of violation of the Road Traffic Act from the Incheon District Court on February 4, 2013, two times the same criminal records.
On February 23, 2013, the Defendant, who had been punished for drunk driving twice or more, driven B automobiles over approximately 200 meters from the Do in front of the daily market where the south-gu Incheon Metropolitan City drawing is located, while under the influence of alcohol level of 0.100% without a driver’s license on February 23, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driving, and inquiry into the results of crackdown on drinking driving;
1. A driver's license inquiry;
1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes to report an investigation;
1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 21, 2009)
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation