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.

Criminal facts

On July 30, 2007, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (drinking driving), a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (drinking), a fine of 2 million won for a violation of the Road Traffic Act at the Changwon District Court on September 7, 2009, and a fine of 5 million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on November 18, 2015 at the Busan District Court on November 18, 2015.

Nevertheless, the Defendant, without obtaining a driver’s license on December 30, 2016, driven a car with one km-man car from the street in front of the bus terminal located in Yangsan-si to the street in front of the gold-gu Office located in Yangsan-si, Yangsan-si, with a alcohol level of 0.062%.

Summary of Evidence

1. Statement by the defendant in court;

1. Road Traffic Act violation (driving, etc.) reporting, inquiry into the results of crackdown on drinking driving, the circumstantial statement report of the driver under driving, and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of the relevant Acts and subordinate statutes to investigation reports (to file such previous summary orders);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act, such as the provision of protection and observation, community service, and the provision of an order to attend a lecture, is highly likely to be criticized in that the driver himself/herself, as well as the possibility and risk of the occurrence of an accident, and the driver himself/herself, and as seen in the criminal facts introduced, the Defendant had already been punished for three-dimensional driving of drinking in 2015, and had been driving of the instant drinking, and had a non-licenseed driving in 205.