A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 8, 2011, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Suwon District Court, and a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 15, 2014, respectively.

On July 16, 2016, at around 01:09, the Defendant driven a car at C Anta Tri-ri Camp in the state of alcohol alcohol level of 0.083% under the influence of alcohol level without obtaining a driver's license, in a section of approximately 3km from the street 2 before the 1st century Li-ri loan 2 to the Hongcheon-gun, Gangwon-do in writing.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of running sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order and order to attend a lecture has a record of having been punished several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act. The crime of this case is committed under the disadvantage of the defendant, such as being committed during the period of probation of imprisonment due to the violation of the Road Traffic Act (unlicensed Driving).

On the other hand, there are extenuating circumstances such as that the Defendant reflects his mistake in depth, that the Defendant has no history of serious criminal punishment of suspension of qualification or more severe punishment for the crime of the Road Traffic Act, and that the vehicle of the Defendant’s driving is cancelled and the possibility of recidivism is relatively low in the future.

The above circumstances and the defendant's age, character and conduct, environment, and each of the crimes in this case.