Text
A defendant shall be punished by imprisonment for one year.
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
[criminal history] On July 19, 2012, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Cheongju District Court on July 19, 2012, and a summary order of KRW 3 million for the same crime in the same court on February 20, 2018, respectively, on three occasions before driving of the same kind of drinking alcohol.
[2] On May 13, 2018, at around 00:05, the Defendant driven a D-ro-car under the influence of alcohol concentration of 0.110% while under the influence of alcohol without obtaining a driver’s license, from the 32-meter radius around the 2nd apartment site near the 32nd, Seo-gu, Seo-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Dok-si, the 32nd, Seo-young, the 3rd, in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating drinking driving;
1. Statement of the circumstances of the driver involved in driving;
1. Investigation report (report on the situation of the driver in charge); and
1. The driver's license ledger;
1. Criminal records: References to inquiries, such as criminal history, investigation reports (Attachment to the previous decisions and related judgments), - Application of statutes, such as the Cheongju District Court Decision 2012 Highest 5166, supra;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. On the grounds of sentencing under Article 62-2 of the Criminal Act, a person who received a summary order due to the provision of alcohol for the sake of protection and observation, a community service order, and an order to attend a lecture, thereby driving without obtaining a license for drinking again at least three months and repeating the crime within a short time. The punishment shall be determined by taking into account the alcohol content during blood, alcohol content during blood, recidivism period, circumstances leading to driving without a license for drinking alcohol, and other sentencing conditions, and the observation of protection and community service order to prevent recidivism and the order to attend a lecture shall be added.