1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[2017 고단 5647] 피고인은 2017. 12. 3. 21:26 경, 포 천시 신읍 동에 있는 ' 계륵 장군' 앞 도로에서부터 같은 동에 있는 ' 포천 성당’ 앞 도로에 이르기까지 약 200m 구간에서 혈 중 알콜 농도 0.229% 의 술에 취한 상태로 피고인 소유의 B 쏘울 승용자동차를 운전하였다.

[2018 Highest 1409] On April 5, 2018, the Defendant driven a B rocketing car without obtaining a driver’s license from the street in front of the C’s dwelling at Macheon-si to the front road of the distance of the seat of the same city at the same time.

Summary of Evidence

[2017 Highest 5647]

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, investigation report, and inquiry into the results of crackdown on driving at home;

1. A response to a request for appraisal (2018 highest 1409);

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the extent that the punishment is added up the length of two crimes specified for a crime of violating the Road Traffic Act with heavy punishment];

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Social Service and Order to Attend Education, even though the Defendant had been punished for the same kind of crime, the Defendant committed the instant crime again, and the blood alcohol concentration is relatively high at the time of the instant crime, and the Defendant, even after being indicted for the instant case and served with a copy of indictment, again, was again driving without a license as stated in the instant crime, even after being served with a copy of indictment, etc., then it is recognized that the Defendant committed the instant crime, which is disadvantageous to the Defendant, such as the fact that there is no heavy liability.