beta
Text
A defendant shall be punished by imprisonment for one year.
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 April 7, 2014, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on April 7, 201, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on April 14, 2014.
On September 27, 2014, at around 19:12, the Defendant driven a Bcoon-line car in the drunken state of 0.207% alcohol concentration without obtaining a driver’s license from the front of the digital road of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul to approximately 1km to the road of about 1km-ro 41-ro 153, Yeongdeungpo-gu Seoul Metropolitan Government.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Registers of driver's licenses;
1. Previous convictions indicated in the judgment: Application of the summary order (Seoul Western District Court Order No. 2014 Highest 626 of the Seoul Western District Court Decision) and the summary order (No. 2014 Highest 2269 of the Water Supply and Waterworks Act);
1. Article 152 subparagraph 1 of Article 152, Articles 43, 148-2 (1) 1 and 44 (1) of the Road Traffic Act applicable to the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture is that the criminal liability is very heavy in view of the fact that the defendant committed the crime of drinking alcohol only three times in 2014 including the crime of this case and the high drinking level, etc. However, the punishment as ordered shall be determined by taking into account the following factors such as the defendant's age, character and behavior, environment, and circumstances after the crime.