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.

Punishment of the crime

The Defendant, at the Jeonju District Court, was sentenced to a violation of the Road Traffic Act (drinking driving), a fine of KRW 3 million on December 26, 2012, and a fine of KRW 4 million on November 14, 2016, respectively.

However, the Defendant was under the influence of alcohol concentration of 0.07% in blood without a driver’s license, and was driving a coo car in D on March 6, 2017 at approximately three meters in front of the Seojin-gu Seoul Special Metropolitan City around 01:07 on March 6, 2017.

The Defendant was sentenced by the Jeonju District Court to a violation of the Road Traffic Act (drinking driving), to a fine of KRW 3 million on December 26, 2012, to a fine of KRW 4 million on November 14, 2016, and was prosecuted on March 30, 2017 by the same court for a violation of the Road Traffic Act (drinking driving).

그럼에도 피고인은 2017. 5. 3. 22:18 경 자동차 운전면허 없이 혈 중 알코올 농도 0.076% 의 술에 취한 상태로 전주시 덕진구 인후 동에서부터 같은 구 견 훤 왕궁로 98에 있는 진안 식당 앞 도로에 이르기까지 약 100m 구간에서 위 에 쿠스 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating driving of alcohol;

1. The driver's license ledger;

1. Article 148-2(1)1, Article 44(1), and Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense subject to the application of the relevant Act and subordinate statutes, such as each criminal history;

1. Selection of imprisonment with prison labor for the choice of a punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrences;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Suspension of Execution of Article 50, and Article 62(1)2 of the Act on the Punishment of Concurrent Crimes, even though the defendant had been punished by a fine on three occasions due to drinking driving, drinking, driving without a license, driving without license, and driving without license while being tried, and the defendant's age, occupation, living environment, and alcohol concentration at the time of crackdown.