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

[criminal power] On March 5, 2003, the defendant was notified of a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support, and on May 12, 2005, the same court was notified of a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act. On April 25, 2007, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act. On February 13, 2013, the same court was notified of a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On March 8, 2014, at around 00:45, the Defendant driven B emulter cargo under the influence of alcohol content of about 0.057% without obtaining a driver’s license from the front of the Jeongmun-gu Municipal Ordinance-dong to the front road of the Geum River-ro, Sucheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Inquiry into the result of the crackdown on drinking driving;

1. License register;

1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports (verification of previous records of the same kind and attachment of judgments, etc.), judgments, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Article 40 or 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the Defendant had been punished several times due to drinking driving, the Defendant again was under the influence of driving a license for drinking without drinking, and the nature of the offense is not weak.

However, the defendant reflects the crime of this case, and again he does not drive under the influence of alcohol.