A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to one year to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Chuncheon District Court on December 18, 2014, and was sentenced to a fine of 4.5 million won for the same crime in the same court on November 15, 2012.

피고인은 2017. 3. 6. 01:45 경 춘천시 애 막골 먹자 골목 내 ‘ 순이 네 닭볶음탕’ 근처 도로부터 같은 시 우 석로 70 춘천 국립 박물관 앞 도로까지 약 200m 구간에서 자동차 운전면허 없이 혈 중 알콜 농도 0.126% 의 술에 취한 상태로 C 스타 렉스 승합차를 운전하였다.

As a result, the defendant was punished twice or more due to drinking, but he was driving again, and driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes of a report on investigation (a).

1. Article 148-2 (1) 1 and 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 stay of execution (Article 62(1) of the Criminal Act on the following factors:

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order and the order to attend a lecture, have reached eight times only after the year 200 that the defendant was punished for the same crime, and even though the defendant was punished for the suspended sentence of imprisonment, the defendant again committed the crime of this case, and the defendant's blood alcohol content exceeds 0.126%, which is disadvantageous to the defendant, shall be deemed an element for sentencing.

However, the defendant shows the appearance of recognizing and opposing the crime of this case, and the crime of this case is limited to simple drinking and non-licenseless driving, and there is no more serious result.