Text
A defendant shall be punished by imprisonment for one year.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 27, 2012, the Defendant was issued a summary order of KRW 5 million with fines of KRW 5 million for the same crime in the Changwon District Court Jinju branch on September 19, 2016 and KRW 7 million with fines of KRW 1 million for the same crime in the case of violation of Road Traffic Act (driving in Drinking) in the support for the development of the methods of water sources.
On September 2, 2018, around 09:45, the Defendant driven a B rocketing car with alcohol content of 0.080% in alcohol without a driver’s license from approximately 1 km to the same west-do road located in the south-si, Southern-si, Nam-si to the same west-do road located in the same city.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report of the circumstances of the driver who is placed in driving;
1. The driver's license ledger;
1. Inquiry into mandatory insurance;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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. Taking into account the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, repeats drinking during a short period of time, the defendant is sentenced to imprisonment with prison labor, but the drinking value is relatively low, the defendant's age, occupation, family environment, and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, occupation, family environment, are subject to comprehensive observation of protection and observation, and the execution of the sentence
It is so decided as per Disposition for the above reasons.