A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 9, 2007, the Defendant received a summary order of 2,500,000 won of a fine due to a violation of the Road Traffic Act (driving) from the Gunsan Branch of the Jeonju District Court, and a summary order of 4 million won of a fine by the same court on August 24, 2016.

Nevertheless, around 16:00 on September 5, 2016, the Defendant driven cone or a vehicle under the influence of alcohol content of 0.204% without obtaining a driver’s license from the front side of the main apartment house located in the Ycheon-dong, Jeollabuk-do, Jeollabuk-do, to the front side of the agricultural and fishery product center located in the same city.

As a result, the Defendant violated the prohibition of driving at least twice under the influence of alcohol, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the control of drinking driving, and report on the situation of drinking drivers;

1. Inquiries into the suspect's driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification reports on the facts of punishment for not less than twice due to driving under influence of a suspect) and Acts and subordinate statutes;

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

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;

1. The defendant, who has been punished several times due to the reasons for sentencing under Article 62-2 of the Criminal Act, is driving without a license for drinking, and the nature of the crime is not weak. In particular, drinking driving is driving under the condition that the exercise ability of caution and body is significantly deteriorated, resulting in a large-scale accident, and is likely to cause serious harm to unspecified persons, and thus, is disadvantageous to the defendant. However, the defendant's mistake is recognized.